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OHIO LANDS 

AND 

THEIR SUBDIVISION 

By 

WILLIAM E. PETERS of the Athens Bar 

Author of "Legal History of the Ohio University"; 

"An Abbreviated History of the Legal Title 

of The Ohio Company to Land in 

Southeastern Ohio." 



SECOND EDITION 



Published by 
W. E. PETER 



Printed by 



The Messenger Printery Co. 

Athens, Ohio Athens. Ohio 



19 18 






Copyright, 1917 

by 

WILLIAM E. PETERS 

Athens, Ohio 



Copyright, 1918 

by 

WILLIAM E. PETERS 

Athens, Ohio 



DEC 20 1918 



CLAnoSGlJ? 



npHE obsolete doctrines of our la^s 
are frequently the foundation up- 
on which what remains is erected ; and 
it is impracticable to comprehend many 
rules of the modern law, in a scholarlike 
scientifical manner, without having re- 
course to the ancient. 

2 Blackstone, 44. 



REFERENCES 



American Charters, Constitutions and Organic Laws, 

Thorp A. C. C. O. L. 

Archaeological and Historical Publications Arch. 

Charters and Constitutions of the United States C. C. U. S. 

General Assembly of the Territory G. A. T. 

Howe's Historical Collections of Ohio Howe 

Land Laws for Ohio, 1825 ^ L. L. O. 

Laws of Ohio L. O. 

Laws of Ohio, Local L. O. L. 

Laws of the United States L. U. S. 

Legal History of the Ohio University, Peters L. H. O. U. 

Ohio Reports O. R. 

Ohio State Reports O. S. R. 

The Ohio Law Reporter O. L. R. 

United States Statutes at Large U. S. S. L. 

United States Supreme Court Reports U. S. S. C. R. 

United States Supreme Court Reports, Wheaton Wheaton 



PREFACE 



Much confusion exists in regard to the subdivi- 
sions of land and to land titles in Ohio. This is a con- 
sequence of the many different surveys and of the 
numerous acts of Congress and of the Ohio legisla- 
ture, both general and special, affecting these sur- 
veys and titles. This condition has led the writer to 
present the history of such lands in a manner which 
his experience as a land surveyor, abstracter of titles 
and lawyer has suggested as best calculated to meet 
the practical needs of persons engaged in those pro- 
fessions. 

Since the history of a new country often begins 
with the steps which made its settlement possible 
rather than with the settlement itself, the respective 
subdivisions, or surveys of the land, have been dealt 
with from three viewpoints: Their subdivision, 
their title and their history. 

Endeavor has been made to classify these sur- 
veys and to give references to the various laws by 
which they were governed, as well as to the laws and 

9 



other sources whence the titles to the land were de- 
rived. 

Space, however ,f orbids that the history of these 
lands be more extensive than necessary to present 
the reasons for their settlement. Historians have al- 
ready covered that ground. Besides, to enter into 
extensive narration of such facts would divert the 
purpose of "Ohio Lands" which is, primarily, to 
show the original surveys, their subdivisions and the 
origin of the titles. 



WILLIAM E. PETERS. 



Athens, Ohio, 
October 1, 1918. 



10 



CONTENTS 



Chapter Page 

1. Indiscriminate Location 13 

2. The Rectangular Plan 26 

3. The Seven Ranges 65 

4. Sudivision of Land in Ohio 69 

5. Congress Lands 80 

6. Description of Land 84 

7. The Greenville Treaty Line 94 

8. The Virginia Military Tract 102 

9. The Ohio River Survey 118 

10. The United States Military Tract 129 

11. The Connecticut Western Reserve 145 

12. Between the Miami Rivers 158 

13. The Miami River Survey 164 

14. The Michigan Survey 167 

15. The French Grants 176 

16. The Ebenezer Zane Tracts 184 

11 



17. The Twelve Miles Square Reserve 194 

18. The Two Miles Square Reserve 201 

19. The Moravian Tracts 205 

20. Miscellaneous Surveys 216 

21. The Ohio Company 237 

22. The Donation Tract 259 

23. The Ohio University Lands 265 

24. The Symmes Purchase 272 

25. The Refugee Tract 284 

26. The Fire Lands 293 

27. The Dohrman Tract 299 

28. The Salt Reservations 303 

29. The Turnpike Lands 312 

30. The Maumee Road Lands 316 

31. The Canal Lands 321 

32. The Swamp Lands 325 

33. Miscellaneous Grants 329 

34. School Lands 340 

35. Ministerial Lands 358 

36. Calculation of Areas of Land 367 

37. Rules and Tables 390 

Index 405 



CHAPTER 1 

INDISCRIMINATE LOCATION 

While it is said that in the beginning man was 
given dominion over all things, yet it soon became 
necessary, as man multiplied, to define the limits of 
the domain of each, and to have those limits or 
boundaries defined so plainly that all should know 
where the domain of one man ended and that of an- 
other began. 

At first man could occupy whatsoever spot he 
wished without intruding upon that desired by an- 
other. Eventually as people increased in number 
there naturally came into existence families. These 
were called tribes, the members of which dwelt to- 
gether and held property in common; and limita- 
tion of territory occupied by any individual was, 
therefore, unnecessary. 

The first family, or tribe, of which history 
makes record as thus dwelling together in common, 
was that in which Abraham and Lot dwelt. But 

13 



OHIO LANDS 

when members of that tribe had acquired tents and 
many flocks of sheep and herds of beasts, strife 
arose between the herdsmen, "and they could not 
dwell together." That there should be no quarrel 
between those two leaders it was agreed that one 
should go to the left hand and the other to the 
right. Whereupon Lot chose the country about 
Jordon and "Abraham dwelt in the land of Canaan." 
Thus began the subdivision of land by man into 
tracts small enough to meet the requirements of the 
individual family, and with such subdivision also be- 
gan the recognized necessity of marking or defining 
the boundaries between such parcels and locating 
their several respective corners in such manner and 
so plainly that all might readily know them. 

From the beginning of time, and quite naturally 
so, no plan of surveying, or subdividing, land seems 
to have been conceived, other than that of using as 
bases, the lines furnished by the sea, streams, moun- 
tain ranges, ridges, or some other visible, physical 
demarkations equally as arbitrary and unreliable, 
and all quite lacking in suggestion of relative loca- 
tion. The meridians or parallels of latitude, or some 
system.atic plan, which, in the light of experience, 
would seem almost to have suggested itself, do not 
appear to have been thought of by any of the mathe- 
maticians of the many centuries passed, and it was 
not until nearly the end of the eighteenth century 
11 



OHIO LANDS 

that any systematic method of subdividing lands was 
conceived. 

The earliest time of which any record is had 
of the separation of tracts of land and their boun- 
daries, was when Abraham, who wished to procure 
a place in which to bury his wife, Sarah, purchased 
of Ephron at Mamre, "the field and the cave of Mach- 
pelah therein and all the trees that were in all the 
borders round about." And again in the division 
of the land among the twelve tribes of Israel it was 
provided that "the west side also shall be the great 
sea from the border till a man come over against 
Hamath." 

Thus, practically with no change, this indef- 
inite method came down the centuries until 1606, 
when man becoming more acquainted with as- 
tronomy, the imaginary parallels of latitude were 
added to the physical boundaries of very large tracts 
of land in an effort to separate, distinguish and lo- 
cate them. Therefore, in that year King James I in 
his first charter of Virginia, endeavored to designate 
the limits or boundaries of the land thus given to the 
London Company, and divide it from that which he 
then also gave to the Plymouth Company, by com- 
bining the physical calls with those of the parallels 
of latitude,, To the former company he gave "that 
part of America commonly called Virginia and other 

15 



OHIO LANDS 

parts and territories in America situate, lying, and 
being all along the Sea Coasts, between four and 
thirty degrees of Northerly Latitude from the 
Equinoctial Line, and five and forty degrees of the 
same latitude, and in the main land between the same 
four and thirty and five and forty degrees, and uhe 
Islands thereunto adjacent, or within one hundred 
miles of the Coast thereof." ^^^ 

In his second charter, in 1609, he also gave the 
London company ''all those Lands, Countries, and 
Territories, situate, lying, and being in that part of 
America, called Virginia, from the Point of Land, 
called Cape or Point Comfort, all along the Sea Coast 
to the northward, two hundred miles, and from the 
Point of Cape Comfort, all along the Sea Coast to 
the southward, two hundred miles, and all that space 
and circuit of land, lying from the Sea Coast of the 
Precinct aforesaid, up into the land throughout from 
Sea to Sea, West and Northwest; and also all the 
Islands lying within one hundred miles along the 
coast of both Seas of the precinct aforesaid." ^^^ 

As the subdivision of this land among indi- 
viduals followed, and the various tracts necessarily 
became more limited in area, the parallels of latitude 
could not be used in bounding them, and, instead, 

(1) A. C. C. O. L., 3783; 5 Arch. 1. 

(2) A. C. C. O. L., 3790; 5 Arch. 5. 

IG 



OHIO LANDS 

physical boundaries and corners were relied upon. 
In the absence of constant, or reliable boundaries of 
this character, less dependable objects such as trees, 
buildings, stones, stakes, ownership of adjoining 
lands, or other things of temporary existence only, 
were employed quite generally, either to locate the 
respective corners of tracts of land, or to witness 
the location of the corners; and the distances be- 
tween the corners, either guessed at, or indifferently 
measured, and the directions of the lines connecting 
them, not always determined by the compass, were 
used to determine the areas of the tracts thus lo- 
cated, enclosed and bounded. 

This plan, thus used from time immemorial, is 
known as the "Indiscriminate Location Plan.^' It is 
also sometimes called the "Southern" or "Virginia" 
plan because Virginia early became active in sub- 
dividing and disposing of her lands and employed 
that method of describing them. 

Since the invention of the surveyor's compass 
the courses of the lines of many tracts of land have 
been run by that instrument ; and the angles as thus 
ascertained, together with the measurements of the 
respective lines surrounding a tract of land, are used 
to determine its location and quantity of land. This 
method is known as that of "metes and bounds," and 
is used extensively. It must be depended upon al- 

17 



OHIO LANDS 

most entirely for such improvements as it may add 
to the subdivision, location and measurement of 
lands originally subdivided upon the indiscriminate 
location plan, while it is also used frequently in con- 
nection with the determination of the boundaries 
and areas of small or irregular tracts of land lying 
within land subdivided upon the rectangular plan. 

Until the rectangular plan was adopted in 1785, 
all tracts of land in the United States were sub- 
divided and described upon the indiscriminate loca- 
tion plan. Consequently, all lands in the states 
southeast of the Ohio river and east of the Missis- 
sippi, except in Alabama, Mississippi and Florida, 
have been subdivided and described in that manner. 
This plan has also been used in the subdivision of 
the land in Texas, between the Scioto and the Little 
Miami rivers in Ohio, and in many special grants 
in a number of other states. However, elsewhere 
thruout the United States the rectangular plan has 
been used instead. 

The maps of counties and townships in the 
states where the indiscriminate location plan has 
been used, all testify to the inefficiency and uncer- 
tainty of that plan; and the figures thus presented 
are so suggestive of the crazy quilt, that such man- 
ner of subdividing land may be termed very properly 
the "Crazy Quilt Plan."' Two surveys of land in 

18 



OHIO LANDS 

West Virginia, made for John Guinn, with their 
plats, will serve well to illustrate the uncertainty and 
confusion which that plan presents : 

"434 acres of land lying in Fayette County on 
the top of Big Sewell Mountain joining the lands 
of David S. Creigh, Samuel Fleashman, J. P. Stur- 
geon and Andrew Hamilton, and bounded as follows, 
viz: Beginning at 4 chestnut oaks, sourwood and 
maple corner to Creigh and leaving S 37 W 80 poles 
to a chestnut and sugar tree corner to Fleashman 
and with S 55 E 36 poles to a chestnut, lynn and 
maple near a spring on a north hillside, S 12 E 152 
poles to a white oak, locust and dogwood near the 
road S 42^^^ W 45 poles crossing the road to a stake 
on Fleashman and Sturgeon's line, and with the lat- 
ter S 5314 W 41 poles to a small chestnut oak corner 
to Sturgeon and with S 25 W 202 poles to pointers 
on his line, and leaving S 7 W 253 poles to 2 Spanish 
oaks on the top of a ridge, corner to Finney N 20 
E 60 poles to a double chestnut N 55 E 100 poles to 
a large black oak N 75 E 80 poles to a large black 
oak on a flat corner to Finney and leaving and with 
Hamilton N 30 W 25 poles to a Spanish oak and hick- 
ory on a flat corner to same and with N 4 W 118 
poles to a chestnut and white oak on a flat N 57 W 38 
poles to a chestnut on the point of a ridge N 15 W 32 
poles to a chestnut and dogwood on the point of a 

19 



OHIO LANDS 

ridge N 50 E 28 poles to two beeches and two chest- 
nuts on a flat S 64 E 41 poles to a chestnut and 
hickory on a flat N 4 W 95 poles to a white oak and 
gum on the point of a flat ridge N 58 E 62 poles to 
a black oak and chestnut sapling by the road S 50 E 
38 poles crossing the road to three hickories on a 
flat N 72 E 54 poles to two chestnut and lynn on a 
flat ridge corner to same and leaving N 36 W 343 
poles to the beginning." 

"444 acres of land lying in Fayette County, on 
the south side of Sewell Mountain on the head waters 
of Little Meadow River joining a survey made 
for Matthew Arbuckle and a survey of 1,000 acres 
made for Andrew Hamilton, and bounded as follows, 
to-wit: Beginning at a gum and two maples near 
the Little Meadow River corner to Arbuckle and 
with S 40 E 140 poles crossing the same to four chest- 
nuts on a North hill side corner to Finney and with 
N 55 E 140 poles to two Spanish oaks and hickory on 
the top of a ridge N E 40 poles to a double chestnut 
N 55 E 100 poles to a large black oak N 75 E 80 poles 
to a large black oak on a flat corner to Finney and 
leaving N 58 W 320 poles to a chestnut corner to 
Hamilton and with S 25 W 300 poles to the begin- 
ning." 

The confusion and uncertainty arising from 
locating land by this method, make it possible even 

20 



OHIO LANDS 

for one person to confuse two surveys to himself, 
as was done by Mr. Guinn who located the 444 acre 
tract but four days after he had located the 434 acre 
tract, and yet a part of the latter overlaps a part of 
the former. 

These surveys obviously depend for their loca- 
tion upon the knowledge of the relative location of 
Little Meadow River and Big Sewell Mountain ; also 
upon the location of certain trees upon certain topog- 
raphy. The uncertainty of the location of the cor- 
ners of tracts of land described in this manner nec- 
essarily leads to much confusion ; and many corners 
are easily mistakenly relocated, or their identity 
found to be uncertain and open to question. Con- 
sequently, gaps between tracts are frequent, while 
overlaps, called "interlocks," similar to that caused 
by the two surveys of Mr. Guinn, are found in many 
instances. 

Improvement was attempted in describing the 
subdivisions of the tract of land reserved by Vir- 
ginia between the Scioto and the Little Miami rivers, 
in Ohio, by giving a number to each subdivision 
thus indiscriminately described. This is known 
as the survey number and denotes the order in 
which the tract of land was surveyed. But as 
these surveys could not be made continuously over 
the entire tract or territory from any one side, but 

21 



OHIO LANDS 

rather in several different places thereof as the 
settlement of the country and the location of the 
various tracts of land required, no order or system 
for the location of the consecutive numbers of such 
surveys could be adopted. Therefore, as the indis- 
criminate location plan, theretofore employed in the 
colonies, was continued to be used in the subdivision 
of this tract, the designation of its various sub- 
divisions, or surveys, by numbers did little, if any- 
thing, to simplify, or improve, the manner of de- 
scribing its lands. 

Two surveys of land in the western part of 
Ross county will suffice to demonstrate their lack 
of improvement over the indiscriminate location 
method used elsewhere: 

SURVEY No. 8842. 

"Surveyed for Ann Garrett, 130 acres of land on 
part of a Military Warrant No. 5901, on Upper Twin 
Creek, a branch of Paint Creek. 

"Beginning at two beeches, west corner to Abra- 
ham Shepherd's survey No. 4710; thence N. 73" E. 
170 poles crossing the creek to a poplar, east corner 
to said survey; thence N. 89° W. 93 poles to two 
beeches; thence S. 55" W. 40 poles to a sugar tree, 
hornbean and white oak; thence West 110 poles, 
crossing the creek at 95 poles to two buckeyes and an 

22 



OHIO LANDS 

elm ; thence S. 28° W. 97 poles to two poplars ; thence 
S. 83° W. 140 poles, crossing two branches to two 
beeches; thence S. T E. 60 poles to a poplar and 
buckeye; thence N. 83° E. 160 poles to an elm; thence 
N. 7° W. 40 poles to two poplars and a beech ; thence 
N. 64%° E. 122 poles to a beech and sugar tree in the 
line of Shepherd's survey; thence with said line, N. 
45° W. 20 poles to the beginning. 

Surveyed August 30, 1816 by Cadwallader 
Wallace, D. S. 

SURVEY No. 12566. 

"Surveyed for the heirs of William Langborn, 
deceased, 1324 acres of land on part of a Military 
Warrant No. 6654, on the heads of Upper and Lower 
Twin Creeks, branches of Paint Creek. 

"Beginning at a beech southwest corner of 
Thomas Worthington's survey No. 3505; thence N. 
73° E. 94 poles to a poplar and sugar tree west corner 
of said Worthington's survey No. 4275; thence S. 35° 
E. 49 poles to a white oak ; thence S. 68° E. 56 poles to 
two hickories; thence S. 30° E. 50 poles to a cherry 
tree ; thence S. 75° E. 34 poles to a black oak ; thence 
N. 59° E. 34 poles to a red oak; thence N. 36° E. 26 
poles to a sugar tree ; thence N. 80° E. 60 poles to two 
paw-paws, a sugar tree and lynn; thence N. 6° E. 34 
poles to a sugar tree ; thence N. 85° W. 50 poles to a 

23 



OHIO LANDS 

sugar tree corner to Cadwallader Wallace's Survey 
No. 9258 ; thence N. 5" W. 83 poles to a walnut and 
dogwood ; thence S. 73" W. 10 poles to four sugar trees 
and a mulberry southeast corner to Worthington's 
said survey No. 3505; thence N. 17" W. 123 poles to 
two Ijmns corner to Duncan McArthur survey No. 
4110 ; thence S. 83" E. 147 poles to a sugar tree, mul- 
berry and walnut; thence S. 80" E. 100 poles to two 
ashs and a black walnut; thence S. 20" E. 28 poles to 
a sugar tree; thence east 42 poles to three lines; 
thence N. 40° E. 61 poles to two sugar trees and a 
chestnut ; thence N. 35" W. 52 poles to a chestnut and 
sugar tree; thence N. 10" E. 91 poles to a sugar tree 
and hickory; thence S. 30" E. 298 poles to a stake in 
the line of Thomas Hoff's survey No. 3709; thence S. 
73" W. 107 poles to two sugar trees," etc. 

Surveyed July 2, 1825 by Cadwallader Wallace, 
D. S. 

On account of its lack of order and arrange- 
ment, the indiscriminate location plan, unlike the 
rectangular plan, furnishes no suggestion of the rel- 
ative location of the various tracts of land ; and, but 
for the calls of physical objects and names, usually 
of streams, known locally only, there are no means 
of determining where any tract of land lies. 

Since, under this old system, the calls are to and 

2 1 



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VIRGINIA MILITARY SURVEYS IN OHIO 



INDISCRIMINATE 
LOCATION PLAN 

WEST VIRGINIA 




OHIO LANDS 

from physical objects, or, to and from points witness- 
ed by trees or other common objects which soon 
cease to exist, or which are not readily apparent to 
the casual observer, it can be understood easily why 
the boundary lines and corners thus established can 
not be readily found. Besides, carelessness in meas- 
urement and the avarice of claimants ofttimes have 
led to fraud; and many surveys are found to have 
included much more acreage than claimed in the 
original entries. Consequently, the lapping of one 
claim upon another, or gaps between, have been un- 
avoidable. By reason of these laps and gaps, and 
consequent uncertainty of boundary lines and cor- 
ners, much contention has necessarily arisen be- 
tween owners of adjoining tracts of land subdivided 
under the indiscriminate location plan, and it is, 
therefore, a matter of history that more litigation 
has been had concerning the boundaries and location 
of the tracts of land within the Virginia Military res- 
ervation in Ohio, thus subdivided, than in all the 
remainder of the land in the state. 



25 



CHAPTER 2 

THE RECTANGULAR PLAN 

The modern method of subdividing land is that 
of surveying it into well defined rectangular tracts, 
or districts, called townships, upon meridians of 
longitude and parallels of latitude as base lines. It 
is known as the "Rectangular Plan" to distinguish it 
from the so-called "Indiscriminate Location Plan" so 
universally used prior to its adoption. Because some 
features of it originated in the New England States, 
and many persons from that section were active in 
securing its adoption by the general government, it 
was first also called the "New England Plan" to 
distinguish it from the "Virginia Plan," which was 
that of indiscriminate location. Yet, as it can be 
compared, very properly, unto a checkerboard, with 
each block in turn further subdivided, the rectangu- 
lar plan may also be termed the "Checkerboard 
Plan." 



OHIO LANDS 

The simplicity and perfection of this new plan, 
followed by the United States government in the sub- 
division of all public lands, have added a stability to 
titles that nothing else could have added; and for 
more than one hundred years it has withstood every 
test of severe and exacting application, and is con- 
sidered one of man's greatest conceptions. 

It was first used in the subdivision of lands in 
eastern Ohio, and, after passing through its experi- 
mental stage, evolved itself into assuming, as bases, 
two lines: One, north and south, called a principal 
meridian; and the other, east and west, called a 
principal base, each crossing the other at right 
angles at some point in advance of the land already 
subdivided. The parallel of latitude at such point 
then becomes the base from which the townships are 
numbered, both to the north and to the south, while 
the longtitude of such point of intersection becomes 
the meridional base from which the ranges are num- 
bered both to the east and to the west. Of these two 
bases that upon the meridian is the principal, or 
ruling base, while that along the parallel of latitude 
is secondary. 

By reason of the rotundity of the earth, the 
townships are not perfect squares, but, in this north 
latitude, are shorter upon their northern boundary 
than they are upon their southern. Besides, not- 

27 



OHIO LANDS 

withstanding however accurately they may have 
been surveyed, errors generally, necessarily result 
from inability to avoid them. However, on account 
of the convergence of meridians, these errors 
amount to more as progression is made to the north, 
or to the south, than either to the east or to the west. 

To make provision for such errors, new bases, or 
sub-bases, called "Correction Lines," initiated from 
the principal bases, are established, astronomically, 
at intervals of twenty-four miles, north, east, south 
and west, respectively, from such principal bases. 
From these correction lines four more townships of 
six miles square each are surveyed; and thus the 
process is continued until surveys from other prin- 
cipal bases are met. 

The correction lines thus established upon the 
parallels of latitude are called "standard parallels," 
while those along the meridians are called "guide 
meridians." 

The plan of establishing correction lines every 
twenty-four miles was not adopted until after many 
of the early surveys had been completed. In those 
early surveys, therefore, such correction lines ap- 
pear at very irregular intervals, and much farther 
apart than in the later surveys. 

Townships and ranges are continued thus to be 
laid off from such principal meridian and parallel 

28 



OHIO LANDS 

base lines until they meet other townships, or ranges, 
likewise established from other similar principal 
bases, or from new bases which circumstances or de- 
sign may have established, according to the follow- 
ing general plan : 



NORTH 



BASE 1 LINE 

1 



First Standard 



I ^ Parallel, North 

4 2 
4-2 



3 <^ 

2 > 
\ 



First Standard 



3 -. 

1-2 

4 > 



l-z 



Parallel, South 



SOUTH 

•29 



OHIO LANDS 

Each tract of land, subdivided upon the rectan- 
gular plan, constitutes an independent subdivision 
called an "Original Survey,'' because their respec- 
tive boundaries were defined by the surveys as first 
made by the United States; and each range and 
each township is designated by a number. Each 
row of townships, running north or south from the 
adopted base, is called a range. These ranges are 
numbered consecutively^ from number one adjoining 
the ruling meridian, east or west to some other 
original survey; while the townships in each range 
are numbered consecutively, north or south, from 
number one adjoining the ruling base, to the re- 
spective north or south line of the survey. When 
the townships are numbered from a common regular, 
or lineal; base they constitute tiers. 

By reason of this duplication of numbering, each 
township is, therefore, given two numbers by both of 
which it is known and should always be designated. 
One number is that of its township, and the other, 
that of its range. As, for instance "A'' upon the 
foregoing plan is described as being "township num- 
ber two, north, of range number three, west of the 
second principal meridian," while "B" is designated 
as "township number two, south, of range number 
three, east of the second principal meridian"; and 
so on throughout the entire survey. 

30 



OHIO LANDS 

Therefore, to locate a township of land when 
its number and that of its range are given, 
it is necessary only to learn the meridian from which 
it was established, and where its base line crosses 
that meridian. And in considering the principles 
upon which this rectangular system are based, it 
should be observed also that it suggests within itself 
the relative location of any township, or of any sec- 
tion within any township ; and that their respective 
numbers indicate the direction and distance which 
any one may be from another. 

The relative importance of the words, north, 
east, south and west, and the manner of punctuating 
such descriptions should be noted and never neglect- 
ed. To describe "A" as "township number two, 
north of range number three west of the second 
principal meridian," would locate the township 
north of, and entirely without, the survey of which it 
is presumed to be a part, and is obviously so incon- 
sistent as to suggest the absence 'of the comprehen- 
sion of many of the simplest principles involved in 
the subdivision of land, and other errors equally as 
ridiculous may be expected. 

The errors within the township are taken care 
of in the north tier, and in the west range of sec- 
tions, each of which is either more or less than a 
full section as the township may be more or less than 

31 



OHIO LANDS 

six miles in either of its two directions. And the 
errors within these irregular sections are accounted 
for generally in their north and west sides. 

The township, therefore, is the unit. It is six 
miles square and consequently contains thirty-six 
square miles. As each square mile contains six 
hundred and forty acres, an entire township would, 
therefore, contain twenty-three thousand and forty 
acres. Variation of this amount, however, will arise 
necessarily from the mathematical and practical im- 
possibility of the section being exactly one mile 
square; or, of the township being exactly six miles 
long on each of its four sides. 

Early in the subdivision of public lands some 
few tracts were divided into townships of five miles 
square only, but this plan was soon abandoned for 
the six miles square township system. 

By reason of circumstances and conditions in- 
viting the early settlement of the country at widely 
separated places, the subdivision of the public lands 
throughout the United States could not be continued 
from any one point of beginning. The general grand 
subdivisions, therefore, have nothing within them- 
selves to suggest their relative locations. A few of 
the meridians upon which these grand divisions are 
based, are numbered, but the most of them have been 
given proper names, such as that of persons, tribes 

32 



OHIO LANDS 

of Indians, or of towns through or near, which they 
may pass. 

In the United States there are thirty-four meri- 
dians, called principal meridians, governing the sur- 
veys of public lands : 

1. The Pennsylvania Line at longitude 80° 31- 
17'' west from Greenwich. This meridian was es- 
tablished in 1786 as the western boundary line of 
Pennsylvania by a corps of surveyors of which 
Andrew Ellicott was chief engineer. It is, therefore, 
since known as "Ellicott's Line." It is, however, 
also referred to, sometimes as the "Washington 
Meridian," but this is improper as there is another 
meridian in Louisiana officially designated by that 
name. Ellicott 's line governs the surveys of all the 
lands in the eastern side of Ohio. 

The townships of the lands subdivided from this 
meridian are numbered from two bases. Those in 
the land reserved by Connecticut are numbered north 
from the forty-first parallel of latitude, while the 
townships to the south of that parallel are numbered 
north from where each respective range intersects 
the Ohio river. To distinguish these two surveys, 
that north of the forty-first parallel of latitude is 
termed "The Connecticut Western Reserve," while 
that to the south is termed "The Ohio River Survey. ' ' 

33 



OHIO LANDS 

2. The west line of the seventh range of town- 
ships first laid off in eastern Ohio, which governs the 
subdivision of the lands in the United States Military 
Tract. The ranges are numbered consecutively went 
from the seventh range to the Scioto river, while 
the townships are numbered north from the south 
line of the tract to the Greenville Treaty line. 

3. The Great Miami River in southwestern 
Ohio. Although this river does not, of course, coin- 
cide with any true meridian, yet it nevertheless 
serves that purpose in the survey and subdivision of 
the lands lying between the two Miami rivers, and 
should, no doubt, therefore, be treated as one of the 
principal meridional bases. The townships are num- 
bered east from the Great Miami river, while the 
ranges are numbered north from the southern part 
of the tract. 

4. The Michigan meridian at longitude 84° 22- 
24- west from Greenwich. From this meridian, 
which runs near Lansing, all the lands in Michigan 
and those in the extreme northwest corner of Ohio 
have been surveyed. The ranges are numbered both 
east and west from such meridian, while the town- 
ships are numbered both north and south from a 
base which runs near Detroit at latitude 42" 26- 30-. 

5. The First principal meridian which divides 



OHIO LANDS 

the states of Ohio and Indiana at longitude 84° 48' 
50'- west from Greenwich. 

This meridian governs the surveys of public 
lands in western Ohio and in that part of south- 
eastern Indiana lying east of the Greenville treaty 
line. The ranges are numbered east and west from 
such meridian. The townships north of the Green- 
ville treaty line are numbered both north and south 
from the forty-first parallel of latitude, which runs 
near Findlay, Ohio, while those south of that line are 
numbered north from where the respective town- 
ships intersect the Ohio or the Great Miami rivers. 
The ranges in Ohio, south of the treaty line, are 
numbered east from this principal meridian to the 
Great Miami river ; while those in Indiana, lying east 
of such treaty line, are numbered, from the principal 
meridian, west, to the treaty line. To distinguish 
the surveys in Ohio, made from this meridian, the 
survey lying between the Great Miami river, the 
Greenville treaty line and the First principal merid- 
ian, is termed "The Miami River Survey." 

6. The Second principal meridian at longitude 
86° 28' 00'' west from Greenwich which governs the 
surveys of lands in the eastern part of Illinois and 
all of Indiana, except that lying east of the Green- 
ville Treaty line in the southeastern part. The ranges 
are numbered both east and west from this meridian, 

35 



OHIO LANDS 

while the townships are numbered both north and 
south from the "Petersburg" base, which runs near 
Salem, Indiana, at latitude 38" 28' 20''. 

7. The Third principal meridian in central 
Illinois at longitude 89" 10' 15'' west from Greenwich, 
and from which the lands in central Illinois have 
been surveyed. The ranges are numbered both east 
and west from this meridian, while the townships 
are numbered both north and south from a base 
which runs near Centralia, IlHnois, at latitude 38" 
28' 20'-, which is the same base from which the town- 
ships governed by the second principal meridian are 
numbered. 

8. The Fourth principal meridian is at longi- 
tude 90" 28' 45'' west from Greenwich. From this 
meridian all the lands in Wisconsin, in the northwest 
corner of Illinois, and in the extreme northeast 
corner of Minnesota have been surveyed. The ranges 
are numbered east and west from the meridian; 
while the townships are numbered from two bases: 
One of which runs near Beardstown, Illinois, at lati- 
tude 40" 00' 30", from which the townships are num- 
bered both north and south ; and the other, along the 
line between the states of IlKnois and Wisconsin at 
latitude 42° 30' 00", and from which the townships 
are numbered north to the north line of Minnesota, 
or, to the Canadian line. 

30 



OHIO LANDS 

9. The Fifth principal meridian at longitude 
91° 03' 42'' west from Greenwich. This meridian is 
located near the eastern sides of the states of Ar- 
kansas, Missouri and Iowa, and is one of the most 
extensive in the United States. It governs the sur- 
veys of lands in Arkansas, Missouri, Iowa, Minne- 
sota, North Dakota and in the eastern half of South 
Dakota. The ranges are numbered east and west 
from this meridian, while the townships are number- 
ed both north and south from a base which runs 
near Little Rock, Arkansas, at latitude 34° 44' 00''. 

10. The Sixth principal meridian at longitude 
97° 23' 00'- west from Greenwich. This meridian is 
located in the easiern part of Kansas and Nebraska 
and governs the surveys of lands in the south part of 
South Dakota, all the lands in Kansas and Nebraska, 
all in Wyoming, except a small tract in the north- 
west central part governed by the Wind River meri- 
dian, and all in Colorado, except the southwest one- 
fourth part controlled by the New Mexico meridian, 
and a small tract in the extreme western side of the 
state governed by the Grand River, or Ute meridian. 
The ranges are numbered both east and west from 
the meridian, while the townships are numbered both 
north and south from the line between the states of 
Kansas and Nebraska extended through Colorado at 
latitude 40^ 00- 00''. 



OHIO LANDS 

11. The Tallahassee meridian at longitude 84*' 
18' 42' ■ west from Greenwich, which governs the 
surveys of lands in Florida. The ranges are number- 
ed east and west from this meridian, while the 
townships are numbered north and south from a 
base which runs near Tallahassee, at latitude 30° 
28' 00' ', except that west of the seventh range, the 
townships are numbered both north and south from 
a base one township, or, six miles further north. 

12. The Saint Stephens meridian at longitude 
88° 02' 00'' west from Greenwich. The lands compos- 
ing the south half of Alabama and about the south- 
east one-fourth of Mississippi have been surveyed 
from this meridian. The ranges are numbered east 
and west from this meridian, while the townships 
are numbered north and south from a base line form- 
ing the boundary between the states of Florida and 
Alabama, and its westward continuation at latitude 

sroo'oo'. 

13. The Huntsville meridian at longitude 86" 
34' 45" west from Greenwich which governs the sur- 
veys of the lands in the north half of Alabama and in 
a small tract in the northeast side of Mississippi. 
The ranges are numbered east and west from this 
meridian, while the townships are numbered south 
from the north line of Alabama which is at latitude 
35^ 00' 00''. 

38 



OHIO LANDS 

14. The Chickasaw meridian at longitude 89" 
15' 00'- west from Greenwich which governs the sur- 
veys of the lands in the north end of Mississippi. 
The ranges are numbered east and west from the 
meridian, while the townships are numbered south 
from the old Tennessee boundary line at latitude 
34° 59- 00". 

15. The Choctaw meridian at longitude 90° 14' 
45'' west from Greenwich governing the surveys of 
lands in central Mississippi. The ranges are number- 
ed east and west from this meridian, while the town- 
ships are numbered north from a base which runs 
near Hazelhurst at latitude 31° 54' 40". 

16. The Washington meridian at longitude 91° 
09' 15" west from Greenwich governing the surveys 
of lands in the southwest corner of Mississippi. The 
ranges are numbered east and west from this meri- 
dian, while the townships are numbered north from 
the south line of Mississippi, at latitude 31° 00' 00", 
which is a continuation of the same base that the 
townships are numbered from in the tract governed 
by the Saint Stephens meridian. 

17. The Saint Helena meridian, also at longi- 
tude 91° 09' 15" west from Greenwich, controlling the 
surveys of lands in Louisiana lying east of the 
Mississippi river. This meridian is the continuation 

39 



OHIO LANDS 

of the Washington, and, of course, occupies the same 
longitude. The ranges are numbered both east and 
west from it, while the townships are numbered 
south from the south line of Mississippi at latitude 
31° 00' 00'', and which is a continuation of the Saint 
Stephens base. 

18. The Louisiana meridian at longitude 92^ 
24' 15'' west from Greenwich which governs the sur- 
veys of all the lands in Louisiana lying west of the 
Mississippi river. The ranges are numbered east 
and west from this meridian, while the townships 
are numbered north and south from a base line in the 
central part of the state at latitude 31° 00' 00'', whicii 
is a continuation of the Saint Stephens base. 

19. The Indian meridian at longitude 97 ' 14' 30" 
west from Greenwich which controls the surveys of 
all the lands in Oklahoma, except those in the ex- 
treme west end governed by the Cimarron meridian. 
The ranges are numbered east and west from this 
meridian, and the townships north and south from a 
base which runs near Duncan, Oklahoma, at latitude 
34° 30' 00". 

20. The Cimarron meridian at longitude 103' 
00' 00" west from Greenwich. This meridian is also 
the dividing line between New Mexico and Oklahoma 
and governs the surveys of the lands in the extreme 
western pan-handle of the latter state. The ranges 

40 



R17 



s 



T H S 



€ 



(15) 



R16 



JACKSON 



MOUpAY CREEK 



R15 



R14 



U&DIS 



iiiAD: :scg 

HOPEWELL 

CL. LYTOU ■ 

_)J^_G_ h arrischM ~ 



# 



SiLT LICK 



<g) 



A L 



BEAREIELD 



PLEAS MT 



M 



If E ) E 



PERRY COUNTY 



¥ 



OHIO LANDS 

are numbered east from the meridian, while the 
townships are numbered north from the Texas 
boundary line at latitude 36° 30' 00". 

21. The Black Hills meridian at longitude 104" 
03' 00'' west from Greenwich. This meridian coin- 
cides with the west boundary line of South Dakota 
and governs the surveys of all the lands in the west 
half of that state, except a small part in the south 
side controlled by the sixth principal meridian. The 
ranges are numbered east from the meridian, while 
the townships are numbered both north and south 
from the "Black Hills" base, which is in the south 
central part of the state, near Rapid City, at latitude 
44^ 00' 00". 

22. The New Mexico meridian at longitude 106° 
53' 40" west from Greenwich. This meridian governs 
the surveys of the lands composing the southwest 
one-fourth of Colorado, and all the lands in New 
Mexico, except a small part in the northwest corner 
controlled by the Navajo meridian. The ranges are 
numbered both east and west from the meridian, 
while the townships are numbered both north and 
south from a base line in the central part of New 
Mexico which runs near Socorro, at latitude 34° 
15' 25". 

23. The Navajo meridian at longitude 108° 

41 



OHIO LANDS 

32' 45'' west from Greenwich. This meridian is used 
in subdividing the lands of the Navajo Indian reser- 
vation lying in the northwest corner of New Mexico 
and in the northeast corner of Arizona. The ranges 
are numbered west from the meridian, which is also 
the east line of the tract, while the townships are 
numbered north from a base which forms the 
southern side of the tract, at latitude 35" 45' 00". 

24. The Grand River or Ute meridian at longi- 
tude 108° 33' 25" west from Greenwich and from 
which the lands allotted to the Ute Indians in the 
western part of Colorado have been surveyed. The 
ranges are numbered east and west from the meri- 
dian, while the townships are numbered both north 
and south from a base line at latitude 39" 06' 40". 

25. The Wind River meridian at longitude 108° 
48' 40" west from Greenwich governing the surveys 
of the lands constituting the Shoshone Indian Re- 
servation in west central Wyoming. The ranges are 
numbered east and west from the meridian, while the 
townships are numbered both north and south from 
a base line at latitude 43° 01' 20". 

26. The Uintah meridian at longitude 109° 57' 
30" west from Greenwich, which governs the sur- 
veys of lands composing the Uintah Indian Reserva- 
tion in northeastern Utah. The ranges are number- 

42 



OHIO LANDS 

ed both east and west from the meridian, while the 
townships are numbered both north and south from 
a base line at latitude 40° 26= 20' '. 

27. The Montana meridian at longitude 111° 
38' 50" west from Greenwich governing the surveys 
of lands in Montana. The ranges are numbered both 
east and west from the meridian, while the town- 
ships are numbered both north and south from a base 
line in the southern part of the state, which runs 
near Billings, at latitude 45° 46' 48". 

28. The Salt Lake meridian at longitude 111° 
54' 00'' west from Greenwich. This meridian governs 
the surveys of all the lands in Utah, except a small 
tract near the northeast corner controlled by the 
Uintah meridian. The ranges are numbered both 
east and west from such meridian, while the town- 
ships are numbered both north and south from a 
base line in the northern part of the state running 
near Salt Lake City, at latitude 40° 46' 04". 

29. The Gila and Salt River meridian at longi- 
tude 112° 17' 25" west from Greenwich governing 
the surveys of all the lands in Arizona, except a 
small tract in the northeast corner surveyed from 
the Navajo meridian. The ranges are numbered 
both east and west from this meridian, while the 
townships are numbered both north and south from 

43 



OHIO LANDS 

a base line in the south central part of the state run- 
ning near Phoenix, at latitude 33° 22' 40' '. 

30. The Boise meridian at longitude IIG*^ 24' 
15'' west from Greenwich governing the surveys of 
lands in Idaho. The ranges are numbered both east 
and west from this meridian which is in the western 
part of the state, while the townships are numbered 
both north and south from a base line in the southern 
part of the state, 'near Idaho Falls, at latitude 43" 
22' 31". 

31. The San Bernardino meridian at longitude 
116° 56' 15" west from Greenwich which governs the 
surveys of the lands in southern California. The 
ranges are numbered both east and west from the 
meridian, while the townships are numbered both 
north and south from a base line which runs near 
San Bernardino, at latitude 34° 07' 10". 

32. The Mount Diablo meridian at longitude 
121° 54' 48" west from Greenwich. This meridian 
governs the surveys of all the lands in Nevada, and 
all in California, except those in the southern 
part governed by the San Bernardino meridian, and 
those in the extreme northwest corner of the state 
controlled by the Humboldt meridian. The ranges 
are numbered both east and west from the meridian 
which runs near San Jose, California, while the 
townships are numbered both north and south from 



OHIO LANDS 

a base line, running near San Francisco, at latitude 
37° 52- 49". 

33. The Willamette meridian at longitude 122° 
44' 20'' west from Greenwich. This meridian is lo- 
cated near the western boundaries of Oregon and 
Washington and controls the surveys of lands lying 
within those states. The ranges are numbered both 
east and west from the meridian, while the town- 
ships are numbered both north and south from a 
base line in the northern part of Oregon, running 
near Portland, at latitude 45° 31' 00". 

34. The Humboldt meridian at longitude 124° 
08' 00" west from Greenwich controlling the surveys 
of lands in the northwest corner of California. The 
ranges are numbered both east and west from the 
meridian, which is in the western part of the tract 
thus governed, while the townships are numbered 
both north and south from the "Humboldt" base, 
which runs near Cape Mendicino, at latitude 40° 
25' 12". 

These meridians and base lines, and the surveys 
v/hich they respectively govern, are further and 
more fully shown by the map of the "Principal 
Meridians and Base Lines in the United States." 
However, by reason of grants issued prior to the 
United States acquiring title, occupancy, possession 

45 



OHIO 



LANDS 



or special grants by the United States since acquiring 
title, there are many comparatively small tracts of ^i 
land within these surveys that have been subdivided 
upon the indiscriminate location plan. 

As the United States never owned the land in 
Texas, its subdivision never came within the juris- 
diction of the general land office, or of the laws of 
the Federal government. Instead, that duty 
devolved upon the state of Texas which manages its 
lands through the "Commissioner of the General 
Land Office." 

In consequence of the varied ownership and 
control of these lands, as well as the circumstances 
surrounding their settlement, their subdivision in 
harmony with the manner adopted by our general 
government for the subdivision of its lands was not 
possible. The indiscriminate location plan has, in 
effect, prevailed, although a rectangular system has 
been used by many railroad and other companies in 
the subdivision of their lands in the northern, cen- 
tral and southern parts of the state. It has, how- 
ever, little in common with the rectangular system 
employed in the subdivision of lands controlled by 
the United States. 



To call the rows of townships, ranges as pro- 
gression is made east or west, was but logical when 

Hi 



OHIO LANDS 

the first subdivision of land, lying to the west, was 
based upon the west line of Pennsylvania. The term 
range has, therefore, ever since been used in the 
enumeration of the rows of townships in an eastern 
or a western direction. To this rule there is, how- 
ever, one exception, and that is in the subdivision of 
the territory between the two Miami rivers from 
the Ohio river north to the Greenville treaty line. 
There the process is reversed, and the rows of tracts 
of thirty-six square miles each, running north, are 
called "Ranges," while those running from the Great 
Miami river, east to the Little Miami, are denomi- 
nated "Townships." 

Just why these modern subdivisions are called 
townships, is, perhaps, not now definitely known. 
They are thought, however, to have been so denomi- 
nated from the fact that in some of the New England 
states the people in a territory of the size eventually 
adopted for townships in the subdivision of land, 
governed themselves similarly in detail to the 
manner of those in towns, or villages, in which 
the inhabitants were more thickly settled. The com- 
pactly settled territory was called a "Village," or 
"Town," and its people were endowed with certain 
local and independent forms of government, while 
the more sparsely settled district or territory sur- 
rounding such town, and considered as belonging to 

47 



OHIO LANDS 

it, was called a "Township," and its people likewise 
endowed with local, independent self government. 
From the very complete independence of the local 
government of the people within these townships, 
they have been referred to, at times, as "Little Re- 
publics." 

The etymology of the term township is not very 
clear. It is, however, presumed to have originated 
from the Anglo-Saxon word, "tunscipe;" tun, signi- 
fying enclosure, and scipe, Anglicized into "ship." 

The meaning of the word "Township" in the 
United States, however, has two applications: One 
applying to a certain defined political territorial 
subdivision of a county for the purposes of local self " 
government; and the other to the unit of the original 
subdivision of extensive tracts of land, usually as 
made by the general government. 

To distinguish these two kinds of townships, it 
may be said that those subdivisions made for govern- 
mental purposes only, are termed "Civil Townships," 
while those pertaining to the subdivision of land, are 
properly called "Original Surveyed Townships." 
They are, therefore, not the same, and the terms are 
not interchangeable, although in many instances 
their boundaries coincide, and either may, and often 
does, include within its bounds all or parts of several 
of the others. 

48 



OHIO LANDS 

Perry county is typical of these several condi- 
tions. In that county, it will be observed, but two 
civil townships, Jackson and Hopewell, coincide with 
their respective original surveyed townships, num- 
bers fifteen and seventeen of the sixteenth range of 
the Ohio River Survey. The civil townships of 
Reading and Thorn respectively, contain one 
original surveyed township, and also a part of an- 
other. Harrison township contains but the west 
half of original surveyed township fourteen of the 
fourteenth range and four sections of original sur- 
veyed township sixteen of the fifteenth range ; while 
Pleasant township, one of the smallest civil town- 
ships in the county, consists of parts of four original 
surveyed townships, twelve and thirteen of the 
fourteenth range, and fourteen and fifteen of the 
fifteenth range. Original surveyed township four- 
teen of the fifteenth range contains two civil town- 
ships. Coal and Salt Lick, and part of a third, 
Pleasant. 

The term "Original Surveyed Township" is used, 
therefore, to denote a unit of measurement in the 
subdivision of land; and such township is legally 
designated by numbers instead of by a name. For 
instance, "township number fifteen of range number 
sixteen of the Ohio River Survey." 

Confusion may be avoided easily if it is remem- 

49 



OHIO LAND S 

bered that the townships of land, properly designated 
by numbers, are the "original surveyed" townships, 
and that such name is as distinctly proper as is the 
given name of an individual to designate him from 
several others possessing the same sur-name. And 
to refer to a township of land only by the name of a 
civil township lying within it, or partly within it, or 
within which it may lie, is as erroneous as to refer to 
the wrong given name of an individual. 

June 17, 1732, is as early as the township system 
of subdividing lands can be traced of record. At 
that time the general court of Massachusetts grant- 
ed civil government to units of territory, or to "town- 
ships of six miles square to be laid out in regular 
form by a surveyor under oath." 

These tracts of land, however, as thus designat- 
ed, constituted units for local governmental pur- 
poses only. They were in no way integral parts, nor 
units of a subdivision of extensive territory, and 
therefore, did not, at that time, become any part of a 
system for subdividing land. The application, in that 
instance, of the basic principles involved, however, 
seems to have furnished the first suggestion of a 
rectangular system of which there is any record. 
From it as a nucleus our present system evidently 
grew, but its details and perfection have been the 
outgrowth of the process of evolution, and the ac- 

50 



4 



OHIO LANDS 

cumulation of the experiences and suggestions of 
various persons who at the close of the revolutionary 
war became interested in the disposition of the pub- 
lic lands then acquired by the general government. 
The men to whom history justly gives credit for 
having invited its early consideration, and influenced 
the adoption of the rectangular system of subdivid- 
ing lands and for originating many of its details, if 
not inventing the system itself, are Colonel Thomas 
Hutchins and General Rufus Putnam. 

In his report of the expedition of Bouquet 
against the Indians in Ohio, in 1764, which he accom- 
panied as captain of engineers, Col. Hutchins out- 
lined the plan of settling the country in reservations 
of six miles square each. Under date of June 16, 
1783, General Putnam wrote to General Washington 
advising the sale, by congress, of its western lands, 
and stating that, as some feared a monopoly might 
oe acquired in such lands, he would suggest that no 
grants be made of them "except by townships of six 
miles square. " 

As the result of these recommendations of the 
sale and settlement of those lands, thus initiated, the 
ordinance of May 20, 1785, '^^ was adopted by the 
Continental Congress. This ordinance is consider- 
ed to have been the foundation upon which all subse- 

(1) 1 L. U. S., 563. 

51 



OHIO LANDS 

quent acts of congress for the subdivision and sale 
of all public lands, is based. It is known as the 
"Land Ordinance,'' and should be classed with the 
few important state papers upon which the funda- 
mental rights of mankind are founded. 

The importance of the adoption of this ordinance 
and its aid in the settlement of the public lands can- 
not be over-estimated, as the system which it pro- 
vided assured safety of title to lands much more com- 
pletely than ever could have been done under the 
"indiscriminate location" plan then in vogue. 
Moreover, its entire lack of complication was so ap- 
parent that many sought lands so subdivided in pre- 
ference to others equally as good, and even in more 
congenial climates, but subdivided under the old sys- 
tem. 

This ordinance provided for the subdivision of 
the territory into units, or townships, of six miles 
square, and the subdivision of those townships into 
thirty-six equal parts, or sections, of six hundred and 
forty acres each. 

While the conception of the principles embodied 
in the ordinance cannot be conceded, perhaps, entire- 
ly to any one person, and its authorship may be 
credited properly to some eminent statesmen, 
prominent at that time, history clearly indicates, 

52 



OHIO LANDS 

nevertheless, that to Colonel Thomas Hutchins and 
General Rufus Putnam should be given the most, if 
not all, credit for the original conception and 
elucidation of the principles involved. Besides, by 
reason of their education, experience and natural 
trend of mind, these two men, who were then actively- 
engaged in developing the lands in the new country 
and aiding the government in disposing of them were 
undoubtedly "the power behind the throne." 

On the 7th day of May, 1784, when this ordinance 
was first reported to the Continental Congress, it 
provided for the subdivision of public lands into 
tracts of ten miles square called "hundreds." These 
were to have been subdivided into one hundred lots 
of one square mile each. The mile was to have been 
six thousand and eighty-six feet in length, or 92.212 
chains. Each lot, therefore, would have contained 
eight hundred and fifty acres, or rather 850.28 acres. 
The lots were to have been numbered from one to 
one hundred by beginning at the northwest corner 
of the "hundred" and numbering to the east; and 
thence from the east to the west, and so on, and end- 
ing with number one hundred in the southwest 
corner. 

As this plan was not agreed to, it was then pro- 
posed, in a report made to Congress April 26, 1785, to 
make the township seven miles square, each mile to 

53 



OHIO LANDS 



4 



be. fifty-two hundred and eighty feet, or eighty 
chains in length; and to divide the township into 
forty-nine lots, or sections of six hundred and forty 
acres each. And it was in this report that the terms 
"township-' and "section," were used for the first 
time of which there is any history. But after much 
discussion, the plan as incorporated in the ordinance, 
was finally adopted. 

Although the ordinance provided for the division 
of all such lands into general tracts or units, of seven 
ranges each, and each of these units to be sub- 
divided within itself, the plan was not further carried 
out. The remaining lands then owned by the gen- 
eral government, as well as those since acquired by 
it, as independent and isolated tracts have been sub- 
divided from various and several bases in such man- 
ner and at such times as their sale and demand, and 
the circumstances surrounding them, suggested. 

The office of geographer was not filled after the 
death of Col. Hutchins, and the duty of having the 
public lands surveyed thereafter devolved upon the 
colonial board of treasury until some time after the 
passage of the act of congress of May 18, 1796, when 
the office of Surveyor General was created. To the ab- 
sence, therefore, of an efficient head is due undoubt- 
edly, the failure to continue the rectangular system 
of subdividing land as initiated by the ordinance of 

54 






OHIO LANDS 

1785, and first put into practice by Col. Hutchins 
who conceived its great value. The conditions then 
prevailing undoubtedly also account for the many 
different plans and base lines with which some 
of the tracts of lands, particularly in Ohio, are 
blessed. In 1799, Gen. Rufus Putnam was appointed 
the first surveyor general, and more uniformity in 
the division of lands and accuracy in their surveys 
were at once required. 

Colonel Hutchins is credited with originating 
the system of numbering sections provided for by 
the land ordinance of 1785. ^^^ The method adopted 
by that ordinance was to begin with number one in 
the southeast corner of the township, and number 
the sections continuously and consecutively from 
number one, north to the northeast corner of the 
township, and the next range of sections to the west, 
with number seven on the south line of the township, 
and again number north to the north line; "always 
beginning the next succeeding range of the lots with 
the number next to that with which the preceding 
one concluded," and terminating with section num- 
ber thirty-six in the northwest corner of the town- 
ship. Where the irregular boundaries of the tract, 
occasioned by rivers or junction with other tracts, 
caused fractions of townships, the sections in such 
fractional townships were required to "bear the same 
numbers as if the township had been entire." 

65 



OHIO LANDS 



36 


30 


24 


18 


12 


6 


35 


29 


23 


17 


11 


5 


34 


28 


22 


16 


10 


4 


33 


27 


21 


15 


9 


3 


32 


26 


20 


14 


8 


2 


31 


2S 


19 


13 


7 


1 



SUBDIVISION 

OF 

ORIGINAL SURVEYED TOWNSHIPS 
THE ORDINANCE OF MAY 20. 1785. 



56 



OHIO LANDS 



36 


30 


24 


18 


12 


3 


35 


29 


23 


17 


id 


^ 


34 


28 


22^ 


14 




33 


27 


21 




32 


26 


20 


N 


31 


25 


19 


13 


7 


^ 



SUBDIVISION 

OF 

FRACTIONAL ORIGINAL SORVEYED TOWNSHIPS 

UNDER 

THE ORDINANCE OF MAY 20. 1785. 



OHIO 



LANDS 




SECTIONS NUMBERED 

UNDER 

THE LAND ORDINANCE OF MAY 20, 1785 



58 



OHIO LANDS 

This method of subdividing the land into town- 
ships of six miles square each, and of so numbering 
the sections therein, was adopted in laying out the 
earliest tracts of land which the government first at- 
tempted to dispose of. It is, therefore, found in the 
state of Ohio only; and in that state it was applied 
only to the land within the original seven ranges and 
the land purchased by the Ohio Company of As- 
sociates in the southeastern part of the state, and to 
the land lying between the two Miami rivers in the 
southwestern part. 

The plan was changed in detail, but not in basic 
principles, by the act of May 18, 1796, ^^^ which re- 
quired the sections to be "numbered, respectively, 
beginning with the number one, in the northeast sec- 
tion, and proceeding west and east alternately, 
through the township, with progressive numbers, till 
the thirty-sixth be completed''; and the fractional 
parts of townships to be "divided into sections in the 
manner aforesaid." 

No good reason is known for changing the plan 
of numbering sections adopted by the ordinance of 
1785, which was evidently analogous to the manner 
of numbering the townships and ranges, to the plan 
adopted by the act of 1796, as neither has any ad- 
vantage over the other, unless it be that the latter 

(2) 2 L. U. S., 533; 1 U. S. S. L., 464. 

59 



OHIO LANDS 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



SUBDIVISION 

OF 

ORIGINAL SURVEYEO TOWNSHIPS 

UNDER 

THE ACT OF MAY 18, 1796. 



60 



OHIO LANDS 







K 


3 


2 


1 




\ ^ 


10 


11 


12 




il6 


15 


14 


13 


F 


20 


21 


22 


23 


24 


^^ 


29 


28 


27 


26 


25 






I33 


34 


3S 


36 



SUBDIVISION 

OP 

FRACTIONAL ORIGINAL SURVEYED TOWNSHIPS 

UlTOER 

THE ACT OF MAY 18. 1796. 



61 



OHIO LANDS 

follows more nearly the plan of our horizontal sys- 
tem of printing, writing, etc. By coincidence, how- 
ever, sections eleven, tw^enty-one and thirty-one 
occupy the same relative positions in each plan. 

The ordinance of 1785, ^^^ required all lines to 
be run "by the true meridian,'' but as it was deemed 
that requirement would "too greatly delay the sur- 
vey," it was repealed in May of 1786. *'^^ The act of 
1796, ^^'' however, required all lines to be "run ac- 
cording to the true meridian." 

As it was contemplated, undoubtedly, to sell no 
land in tracts smaller than entire sections, the ordi- 
nance of 1785 and the act of 1796 did not provide for 
their subdivision into fractional parts. But as many 
persons were unable to purchase an entire section 
of land, congress by various acts soon provided for 
the subdivision of sections into half sections, quarter 
sections, half quarter sections and quarter quarter 
sections. ^^^ 

In Canada, the Dominion, or public, lands which 
lie in the western part, are "laid off in quadrilateral 
townships, each containing thirty-six sections of as 
nearly one mile square as the convergence of mer- 
idians permits." The sections are numbered in- 

(3) 1 L. U. S., 564. 

(4) 3 L. U. S., 385, 637; 6 L. U. S.. 171, 486; 8 L. U. S., 

536; 2 U. S. S. L., 73; 3 U. S. S. L., 346, 566. 

G2 



OHIO LANDS 



31 


32 


33 


34 


35 


36 


30 


29 


28 


27 


26 


25 


19 


20 


21 


22 


23 


24 


18 


17 


16 


15 


14 


13 


7 


8 


9 


10 


11 


12 


6 


5 


4 


3 


2 


1 



SUBDIVISION 

OP 

ORIGINAL SURVEYED TOWNSHIPS 

IM 

CANADA. 



63 



OHIO 



LANDS 



versely to the plan adopted in the United States, by- 
beginning with section number one in the southeast 
corner of the township and numbering west, thence 
east, etc., and ending with section number thirty-six, 
in the northeast corner of the township. 

The townships are numbered, in regular order, 
northerly from the forty-ninth parallel of latitude, 
which constitutes the international boundary line 
between Canada and the United States. In the 
province of Manitoba the ranges are numbered east 
and west from the principal meridian established in 
1869; while at various points east and west from thisj 
meridian other initial meridians numbered the 
second, the third, the fourth, and so on, have, from] 
time to time, been established by the Minister of thej 
Interior. 



Q4: 



CHAPTER 3 

THE SEVEN RANGES 

The first application in the United States, or 
elsewhere, of the township, or rectangular plan of 
subdividing land as provided for by the land ordi- 
nance of 1785, ^^^ was made in southeastern Ohio 
where seven ranges of townships were so subdivided. 
This tract, therefore, has become historical, and the 
ranges of which it is composed are referred to as 
"The Seven Ranges. ' ' It constitutes all the counties 
of Monroe, Belmont, Harrison and Jefferson, and 
parts of Washington, Noble, Guernsey, Tuscarawas, 
Carroll and Columbiana. 

As the land lying immediately northwest of the 
Ohio river was the most accessible of any owned by 
the United States, it was the first to be desired by 
settlers, and, of course, was the first land which the 
United States endeavored to sell. The land ordi- 

(1) 1 L. U. S., 563. 

65 




THE 

SEVEN 

RANGES 



fiG 



OHIO LANDS 

nance, *^^ therefore, required that whenever seven 
ranges should be surveyed, plats of the ranges should 
be returned to the board of treasury so that the land 
might be disposed of as readily as possible. 

The officer in charge of surveys under the Conti- 
nental Congress was called the Geographer of the 
United States. Colonel Thomas Hutchins was the 
only person to hold that office which he held till his 
death in April of 1789. The duty of surveying these 
ranges, therefore, devolved upon the geographer; 
and, since Colonel Hutchins had taken such an active 
part in developing the rectangular plan, it was quite 
fitting that he should have had the honor and privi- 
lege of making the first survey under that system. 

In compKance with the ordinance. Colonel 
Hutchins, in the spring of 1786, attended, personally, 
to running the first east and west line which was re- 
quired to "begin on the Ohio river, at a point that 
shall be found to be due north from the western 
termination of a line which has been run as the 
southern boundary of the state of Pennsylvania." ^^^ 
He ran this line west seven ranges, each six miles 
wide, or a total distance of forty-two miles, and num- 
bered the ranges by progressive numbers to the west. 
This line is at 40° 38' 02' ' north latitude and is known 
as the "Geographer's Line." From it as a base, the 
respective ranges, south to the Ohio river, were sub- 

G7 



OHIO LANDS 

divided into townships of six miles square, the west 
line of the seventh range being ninety-one miles in 
length and intersecting the Ohio river a short dis- 
tance above the mouth of the Muskingum. 

On account of the hostilities of the Indians the 
survey of the boundaries of the townships was not 
completed until the following year. The townships 
were afterwards subdivided into two-mile blocks and 
these blocks, in 1805-6, subdivided into sections. 



68 



CHAPTER 4 

SUBDIVISION OF LAND IN OHIO 

The land of which Ohio is composed was the 
first to be sold by the general government, and, of 
course, was the first land which that government had 
occasion to subdivide into parcels small enough to 
meet the requirements of individual ownership. In 
Ohio then, there thus became established the experi- 
mental station from which the United States govern- 
ment worked out a system for the subdivision of its 
lands. And, as the result of the initiation in such 
state of a new and, ultimately, a well defined and 
simple principle, or method, for the division and sub- 
division of lands, there is found within the borders 
of that state all plans and modifications of plans con- 
ceivable for such purpose, from the original "Indis- 
criminate Location" plan, with all its faults, as 
found within the Virginia Military tract, to the per- 

G9 



OHIO 



LANDS 



fected "Rectangular/^ or "Checkerboard" system oi 
the present day. 

Ohio, consequently, is rich in real estate history. 
Within her borders may be found presented sub- 
divisions of land in all their many and interesting 
phases. Nowhere else is there to be found sucl 
variety of plans dealing with that subject; and t( 
understand the manner of subdividing the man) 
tracts within her borders, and the history which lee 
to the adoption of the numerous methods applied, will] 
enable one to comprehend more readily the wonder- 
ful plan, or system, into which all these efforts finally] 
culminated. 

The land ordinance of 1785 '^^ directed that asj 
soon as seven ranges of tov/nships and fractional] 
parts of townships should be surveyed, the geog- 
rapher should make and transmit plats of them toj 
the board of treasury, where the plats and a report] 
of the proceedings should be recorded. Virtually] 
the same procedure for the return of the survey andj 
plat of each tract of seven ranges of townships, was] 
also contemplated by the act of 1796. ^-^ 

The purpose of requiring this particular unit] 
of subdivision to be made, and its survey and platj 
returned, was evidently to enable the federal govern- 

(1) 1 L. U. S., 563. 

(2) 2 L. U. S., 533; 1 U. S. S. L., 464. 



OHIO LANDS 

ment to place the lands on sale at the earliest possible 
date and thus to satisfy the demand of settlers for 
land. Besides, it was obviously impossible, as well 
as inexpedient, to attempt to survey and subdivide 
all public lands before placing any of them upon the 
market. Moreover, the demand for land at that 
time did not require extensive surveys. Therefore, 
subdividing a limited portion of the territory and 
placing its lands on sale, enabled settlements to be 
made at once, the people to acquire homes and the 
government to receive the much needed funds, with- 
out unnecessary delay. 

Evidently it was the intent of the federal 
government thus to continue the subdivision of all 
public lands by general units of seven ranges each, 
but the demand of settlers for land at widely sepa- 
rated places made such procedure impractical. Be- 
sides, after the death of Colonel Hutchins, the per- 
sonal desires of would-be purchasers, and the ideas 
of statesmen who did not grasp, or comprehend, the 
fundamental principles conceived and so well appHed 
by Colonel Hutchins, prevailed; and many tracts 
were permitted to be variously subdivided, much to 
their confusion ever since. 

With the exception, however, of the large tract 
of land lying between the Scioto and the Little Miami 
rivers, which Virginia had reserved and afterwards 

71 



OHIO 



LANDS 



caused to be subdivided under the indiscriminate 
location method, by and according to the avaricious 
whims of each individual purchaser, and known as 
the "Virginia Military Survey," all the land within i 
the state has been subdivided upon some rectangular 
plan, but with many modifications of details. 

Five of the meridians upon which the surveys of 
the public lands in the United States are based, are 
used in the subdivision of the lands within the state 
of Ohio, viz: (1) the west line of Pennsylvania; (2) 
the west line of the seventh range of townships of 
the Ohio River survey; (3) the Great Miami River; 
(4) the Michigan meridian, and (5) the First Princi- 
pal meridian. The lands within the French grants, 
the Ebenezer Zane tracts, the Donation tract and in 
the Twelve and the Two Miles Square reserves, how- 
ever, have no meridians, and their respective sub- 
divisions have been made and numbered upon a plan 
limited to each. 

In determining the absolute, or relative, location 
of townships in Ohio, much difficulty arises from the 
confusion occasioned by the many base lines from 
which the respective townships and ranges are num- 
bered. 



Excepting the townships lying between the 
Miami rivers and those within the Twelve Miles 



OHIO LANDS 

Square reserve, all "original surveyed townships" in 
Ohio are numbered north or south from some parallel 
of latitude, or other line, however irregular, as a 
base ; and, together with the sections, are designated 
by a simple and uniform system of numbering. And 
all ranges, except those between the Miami rivers, 
are numbered east or west from some meridional line, 
or base, called a "principal meridian." 

Otherwise the manner of numbering the ranges 
in Ohio is comparatively simple. Those in the eastern 
part of the state are numbered from the Pennsyl- 
vania line west to the Scioto river, and to the western 
limits of the Connecticut Western reserve, except, 
however, that the ranges within the United States 
Military tract are numbered from its eastern side, 
while the lands in the Ebenezer Zane tracts and the 
French grants are not included within any range. 
The ranges in the western part of the state are num- 
bered east from the Indiana line, except as to the 
land between the two Miami rivers, the small strip 
once claimed by Michigan, and that within the twelve 
and the two miles square reserves. 

By reason of the respective claims of Virginia 
under the charter of King James I, and of Connecti- 
cut under that of King Charles II, the land in Ohio 
became divided into two general, or grand, 
divisions. That to the south of the forty-first parallel 

73 



OHIO LANDS 

of latitude was, therefore, thus claimed by the 
former colony, while that to the north of such line 
was claimed by the latter. However, on account of 
its more congenial climate and lying in the trend of 
travel to the western country, as well as the absence 
of conflicting colonial claims of title, the land in that 
part of Ohio thus owned by Virginia was the first to 
be subdivided and settled. 

The principal and most important east and west 
base line, or parallel of latitude, from which the 
greatest number of original surveyed townships in 
Ohio are numbered, is, therefore, the forty-first 
which thus divided those two colonial claims. It was 
first established by surveyors employed by the pur- 
chasers of the land reserved by Connecticut. But 
some uncertainty soon arose as to the correctness of 
this line as thus located, and Jared Mansfield was 
appointed by the general government to determine 
its proper location. He found the errors slight, and, 
deeming it unwise to disturb the titles then acquired 
by the settlers based upon the original survey, 
recommended its adoption. 

A rather remarkable coincidence, however, is 
that Fort Laurens, located, arbitrarily and by cir- 
cumstances, in the wilderness, many years before, 
was virtually upon the continuation of the geog- 
rapher's line — the first line directed to be surveyed 

74 



OHIO LANDS 

by the new government and further, that both, 

Fort Laurens and the geographer's line, should be 
substantially four full townships south of the forty- 
first parallel of latitude, which was the dividing line 
between original charter grants. 

Immediately west of the reserve, along the 
eastern side of Seneca county, lies a triangular 
range (number eighteen, east) of three townships, 
numbered one, two and three, north, with its apex to 
the north and its base of fifty-two chains and seven 
links resting on the forty-first parallel of latitude. It 
is known as the "GORE" and was caused by the 
failure to run the western line of the reserve parallel 
with that of Pennsylvania. History and tradition 
seem to suggest that it was the result of circum- 
stances and design, and that the divergence was pur- 
posely made to include the Castalia Springs. 

The western line of the reserve was first fixed 
by United States Engineer, Maxfield Ludlow, under 
a contract made in 1805, with the Connecticut Land 
Company. With a company of twelve surveyors 
Ludlow began the work of locating the fire lands, but 
on account of errors in his calculation, he located the 
western line about one mile too far west, and his 
survey was rejected by the government. 

In 1807, a new contract was made with Almon 
76 



OHIO LANDS 

Ruggles who was to locate the southwest corner of 
the reservation and make an entirely new survey of 
the fire lands, which he accordingly did. But on ac- 
count of the extensive swamps then existing in that 
vicinity, the last few miles of the southern boundary 
of the reserve were run with much difficulty. At a 
point one hundred and seventeen miles west of the 
Pennsylvania line, Ruggles, in his note book, states 
that "we are in danger of our lives"; and, one mile 
farther, that he had "traveled the woods for seven 
years, but never saw so hideous a place as this." 

The western line of the reserve was run from its 
southwest corner to the lake, but evidently with the 
knowledge that it was not parallel with the Pennsyl- 
vania line, since Ruggles, in his field notes, shows the 
line to have been deliberately run with a divergenc3 
of 4'' 40' to the west. It, therefore, could not have 
been through mistake or oversight. No reason is 
given for doing so and the conclusion must neces- 
sarily be that it was intentional. 

In Ohio there are nine subdivisions of land 
which should be classed as original surveys. Within 
many of these are also other surveys which are no 
part of the system employed in the subdivision of 
the larger tracts by which such respective subsur- 
veys are surrounded. These original surveys and 
subsurveys are: 

70 



OHIO LANDS 

1. The Ohio River Survey 

a. Ebenezer Zane's Muskingum River Sur- 

vey. (Part) 

b. Ebenezer Zane's Hocking River Survey. 

c. Ebenezer Zane's Scioto River Survey. 

d. The Donation Tract Survey. 

e. The First French Grant Survey. 

f. The Second French Grant Survey. 

2. The United States Military Survey. 

a. The Salem Tract Survey. 

b. The Gnadenhutten Tract Survey. 

c. The Schoenbrun Tract Survey. 

d. Ebenezer Zane's Muskingum River Sur- 

vey. (Part) 

3. The Virginia Military Survey. 

4. Between the Miami Rivers Survey. 

5. The Miami River Survey. 

6. The Connecticut Western Reserve Survey. 

7. South and East of the First Principal Meri- 

dian Survey. 

a. The Cherokee Boy Survey. 

b. The Upper Sandusky Town Survey. 

c. The Richardville Survey. 

d. The Labadie Survey. 

e. The Charley Survey. 

f. The Black Loon Crescent Survey. 

g. The Shane Surveys, (two) 
h. The Godfroy Survey. 

i. The Logan Survey, 
j. The Dochoquet, or Stoddard, Survey. 
77 



H 10 LANDS 






1 ^w ;? 

,^p AND EAST OF! ^ 

-^jM^\ PRINCIPAL MERIDIAN SURVEY 




GENERAL 
SUBDIVISIONS 

LAND IN OHIO 



78 



OHIO LANDS 

k. The James McPherson Survey. 

1. The Stewart Survey. 

m. The Henry H. McPherson Survey. 

North and East of the First Principal Meri- 
dian Survey. 

a. The Vanmeter Survey. 

b. The Walker Survey. 

c. The Armstrong and M'Collock Survey. 

d. The Spicer Survey. 

e. The Two Miles Square Reserve Survey. 

f. The Whitaker Survey. 

g. The Williams Survey, 
h. The Minor Survey. 

i. The Thebeault Survey, 
j. The McNabb Survey."' 
k. The Twelve Miles Square Reserve Survev. 
(Part) 

The Michigan Survey. 

a. The Twelve Miles Square Reserve Survey. 

(Part) 

b. The Aushcush and Ketuckkee Survey. 

c. The Lamarre Survey. 

d. The Wausaonoquet Survey. 

e. The Guoin Survey. 

f. The Forsythe Survey. 

g. The Hunt Survey. 

h. The Autokee Survey. 
i. The Petau Survey, 
j. The Navarre Survey, 
k. The Waysayon Survey. 
1. The Ranjard Survey. 
m. The Cheno Survey. 
79 



CHAPTER 5 ' 

CONGRESS LANDS. 

. i 

"Congress Lands" is a general term applied to 
all lands disposed of by the Federal government un- 
der general acts of congress, passed from time to 
time, whereby certain designated officials were au- 
thorized to sell and convey the lands belonging to 
the government in small parcels, to whomsoever 
might apply and would pay the stipulated price thus 
designated. Its application, therefore pertains to the 
manner by which the lands were sold by the general 
government and their title conveyed to purchasers, 
and has no reference whatever to the method of their 
subdivision. But as the Continental Congress had 
no power to execute any of its ordinances, no titles 
to land were conveyed by that body; and the first 
general act of the Federal Congress empowering 
executive officers to sell and convey "Congress 
Land, ' ' was that of May 18, 1796. ^3) 

(3) 2 L. U. S. 533; 1 U. S. S. L. 464. 

80 



OHIO LANDS 

The tracts of land which circumstances required 
the general government to treat of first, particularly 
in Ohio, were the reservations of Virginia and Con- 
necticut, and the sales to the Ohio Company of As- 
sociates and John Cleves Symmes. The first two 
tracts were reservations by the respective states of 
Virginia and Connecticut, and the latter two were 
sales of large tracts of land as a whole, made under 
special acts of congress; and the purchasers were 
permitted to subdivide them into parcels small 
enough to suit the individual settler. 

Besides these, many other grants of land were 
made by special acts of congress for various reasons 
and purposes, such as the "French Grant," the 
"Dohrman Tract," the "Refugee Lands," the lands 
of the United States Military Survey set aside to 
satisfy army bounty warrants, etc. But as the dis- 
position of the lands in these tracts by the general 
government was provided for by special acts of con- 
gress, their conveyance did not come within any 
general act; and the lands in such tracts are, there- 
fore, not deemed "Congress Lands." 

However, any lands reserved by the general 
government within any special grant, as, for in- 
stance, sections eight, eleven and twenty-six in the 
tracts sold to th^ Ohio Company of Associates and 
John Cleves Symmes; or any part of any lands set 

81 



OHIO LANDS 

aside for a special purpose, such as those within the 
refugee tract and not used to satisfy the claims of 
the refugees ; or, those within the United States Mili- 
tary tract, and not needed to satisfy army bounty 
warrants; or any other lands which may have re- 
verted to the general government and were after- 
wards sold by it under general acts of congress, — 
all became "Congress Lands" upon being placed 
upon sale under such general acts. The anomaly, 
therefore, is presented of "Congress Lands" being 
within many tracts disposed of by special acts of 
congress. 

Land offices for the sale of "Congress Lands" in 
Ohio, with a "Register of the Land Office" in charge, 
were established at places convenient for prospective 
settlers. The first offices were located at Pittsburg 
and Cincinnati, in 1796, ^^^ but as the lands were sur- 
veyed and the country became settled, other offices 
were established, from time to time, elsewhere thru- 
out the territory to be sold. Those located within 
Ohio were at Canton, Cincinnati, Chillicothe, Dela- 
ware, Lima, Marietta, Piqua, Steubenville, Wapa- 
koneta, Wooster and Zanesville. As the govern- 
ment lands were disposed of, the land offices were re- 
duced in number and the territory assigned to each 
was extended. Finally, about 1876, ^2) all land 

(1) 2 L. U. S., 33; 3 U. S. S. L., 596. 

(2) 1!) U. S. S. L., 121. 

82 



OHIO LANDS 

offices in Ohio were dispensed with and sales of 
public lands have since been made through "The 
Commissioner of the General Land Office" at Wash- 
ington. 

In the original description of the several tracts 
of land thus disposed of, they were designated, often, 
as being within one of these land districts ; as, for in- 
stance, "section eleven, town six, of range twelve, in 
the district of land subject to sale at Marietta," but, 
as the location of the agency for the sale of the lands 
had nothing to do with their system of subdivision, 
nor with the respective tracts of which they were a 
part, the names of such districts should not be re- 
ferred to in descriptions of these lands. Instead, 
however, the respective surveys of which they ma^) 
be a part, should be used, as, for instance, "section 
eleven, town six, of range twelve of the Ohio River 
Survey. ' ' 



83 



CHAPTER 6 

DESCRIPTION OF LAND 

By the adoption of the rectangular system of 
subdividing land our ancestors builded wiser, if 
possible, than they knew; and, had subsequent gen- 
erations adhered to the very wise foundation thus 
laid, all would have been well. Such, however, has 
not been the case, and some of the most grievous 
blunders, in subdividing and describing land, im- 
aginable, have been made. And, unfortunately, 
blunders are still being made by the continued failure 
to use the few, simple, fundamental principles upon 
which that system is based. 

The method of describing land, used quite com- 
monly, is, unfortunately, to employ physical bounda- 
ries, such as rivers, creeks, roads, crests of hills, 
or fences = or, by running from object to object, such 
as stones, stakes, trees, stumps, posts, buildings, etc. 

84 



OHIO LANDS 

Oftentimes only the names of owners of adjoining 
lands are used. Many of these calls have but a tem- 
porary, or passing existence, and, after a few years, 
can not be found. Descriptions are also frequently 
given without measurements of any kind; some- 
times, without even designating the number of the 
original surveyed subdivision within which the land 
may lie. 

Moreover, many draughtsmen of descriptions of 
land fail to bear in mind the full purpose of the de- 
scription ; and, therefore, frequently describe, as one 
tract, a parcel of land consisting of parts of two or 
more original or legal subdivisions, or lying within 
two or more separate taxing districts. And by doing 
so they leave to the taxing officers, inexperienced in 
such work, the task of guessing the respective pro- 
portions of a tract which may lie within each of two 
or more original, or legal, subdivisions ; or in two or 
more taxing districts ; or, as to whether all the land 
is accounted for or not. 

It is, therefore, often the abuse, and not the use, 
of our rectangular system of dealing with lands that 
has brought about much of the confusion now 
prevalent. 

Adherence to a few general propositions will 
avoid many errors and much uncertainty, as well as 



OHIO LANDS 

also enable surveys and descriptions of land both to 
be made and understood more easily. It is, therefore, 
suggested that the following elementary and funda- 
niental principles be considered: 

1. The land itself is the principal subject for 
description, and should have preference, at all times, 
over whomsoever may have owned it. The land is 
the primary object under consideration, while its 
ownership is secondary; or, at best, is but an inci- 
dent to the land which never should be required to 
depend upon its ownership for identification. 

For instance, as the lands purchased by the Ohio 
Company of Associates, and those given to the re- 
fugees, are all parts of the Ohio River Survey, they 
should be referred to as being of that survey, and 
not designated as a part of ''the Ohio Company's 
Purchase," or, of ''the Refugee Lands," any more 
than should any section of land anywhere, purchased 
of the government by John Smith, for example, be 
referred to as "John Smith's Purchase," or "The 
John Smith Lands." These are purchases and not 
surveys, and they should never be referred to nor 
used as surveys. 

2. Practical and consistent accuracy, rather 
than strict technicality, or absolute exactness, should 
be observed in making surveys or drawing descrip- 
tions. 



OHIO LANDS 

It is mechanically impossible to determine the 
boundaries of a tract of land with strict mathemati- 
cal exactness. So, when measurements of any con- 
siderable length are given in half links, or in hun- 
dredths of feet; or, when angles or bearings are 
given in minutes, and the description is not found to 
be connected with the lines of the original or legal 
subdivision within which the land intended to be de- 
scribed, may lie, or, perhaps, the number of the 
original or legal subdivision is omitted, it is evident 
that the fundamental principles pertaining to the 
subdivision of land are not fully comprehended. 

3. Subdivisions of land may be of either (a) 
"the original surveyed," or (b) "the legal." 

(a) The original surveyed subdivisions of land 
consist of sections, fractions or lots into which the 
original surveyed township has been subdivided, 
or, of the number of the survey, if in the Virginia 
Mihtary tract. These are the subdivisions made 
usually by the general government when disposing 
of the land to individual purchasers ; or, when sold in 
considerable tracts, are those made by such pur- 
chaser in accordance with the national law upon that 
subject. 

(b) The legal subdivisions are those of the 
original subdivisions made in accordance with the 
legislative provisions of the state within which such 

87 



OHIO LANDS 

lands may lie, as, for instance, the plat of a village or 
a city. Such subdivisions are called lots. They are 
given consecutive numbers and should be so describ- 
ed and conveyed when all the necessary legal for- 
malities have been complied with, and the plat has 
been duly recorded. 

4. Each part of an original, or legal, sub- 
division of land intended to be described should con- 
stitute a separate description. 

To describe a tract of land located in several 
original surveyed, or legal, subdivisions by using its 
outside boundary lines only, is to destroy its rectan- 
gular simplicity and resolve its description into the 
confusion of the indiscriminate location plan. 

5. With the exception of those in legal sub- 
divisions, descriptions of tracts of land should 
refer to the general survey of which they are a part; 
as, for instance, section six, town ten, of range four- 
teen of the Ohio River Survey; or. Survey No. 8842 
of the Virginia Military Survey. 

6. The description of a tract of land may be 
by any one of four methods : 

(a) As the whole of an original, or legal, sub- 
division. 

(b) As an aliquot, or fractional, part of the 
whole original, or legal, subdivision. 

ss 



OHIO LANDS 

(c) As a specified quantity of the whole 
original, or legal, subdivision, or, 

(d) By boundary lines of which the bearings, 
or angles, and measurements, and, perhaps, calls, are 
employed. 

7. The whole of an original or legal subdivision 
is properly described by giving its number, location 
and, probably, its area as, for instance, "section five, 
town six, of range twelve of the Ohio River Survey, 
and containing six hundred and forty acres, more or 
less," or, as ''Lot No. 50 in the city of Athens, 
Athens county, Ohio.'' 

8. If the tract of land is an aliquot, or frac- 
tional, part of the whole original, or legal sub- 
division, such as a half, or a quarter, or a half 
quarter, or a quarter quarter of such original or 
legal subdivision, or is the north, east, south or west 
half or part thereof, it should be described as such, 
as, for instance '%" "C," "E" and "H" in the plan 
herein given. 

9. If a specified quantity is to be measured off 
one side of an original, or legal, subdivision, or from 
an aliquot or fractional part thereof, it should be so 
designated. For instance, eighty acres off the 
north, east, south, or west side thereof, as at "F'' in 
the plan herein; or, as so m_any feet or chains off 



OHIO 



LANDS 



I A 


B 


c 




1 J 15 chains off the north side of 








1 i;^ the north west quarter of section 


The north west 


The north 


east 


|- — , and containing 60 acres. 








1 more or less. 


quarter of the 


quarter of 


the 




north east quarter 
of section 


north C3st QU3'*'''*^ ■ 




of sectiop. 




1 












1 All the north west quarter of 


E 








-: section , except 15 chains off 


The south half 




J the north side thereof, and con- 


of the 




10 taining, after such exception, 100 


north east quarter 




acres, more or less. 


o^ sectioa — 




F 


H 




80 acres off the north side of 






the south west quarter of section _ 


The south east 




G 


quarter 




All the south west quarter of 


of section — 




section _ except 80 acres off 






the north side thereof, and con- 






taining, after such exception, 80 






acres, more or less. 




^^ 



90 



OHIO LANDS 

such side as at "A." And, in such cases, the balance 
of the original, or legal, subdivision, or part there- 
of, should be described thereafter as a whole, and 
except so many acres as at "G," or so many chains 
or feet as at "D," as the case may be, off the side 
from which any such part may have been so taken, 
thereby conveying all the overplus, and guarding 
against overlapping in case of shortage. 

10. The description and the plat of a tract of 
land should refer to the original survey, or to the 
legal subdivision of which it may be a part; and be 
connected with some corner thereof in such manner, 
and contain such angles, bearings and measurements, 
as will enable one skilled in such work, to calculate 
the area of the tract and to plat it in its proper 
relative location within such subdivision. 

11. In the preparation and record of plats or 
other instruments for the transfer of land, the 
figures, writing and other characters should be made 
so plainly, and of such size, as to obviate any doubt 
as to what they are intended to be, and thus avoid 
any uncertainty of their being readily and correctly 
read by the layman. Let the characters be so plain 
and clear cut that "he who runs may read." 

12. In describing lands the lines of civil town- 

91 



OHIO LANDS 

ships, municipal corporations, special school dis- 
tricts, or other subdivisions made for civil govern- 
mental purposes only, should not be depended upon 
nor used. Such lines are temporary and are subject 
to arbitrary changes at any time, while the lines of 
original surveyed townships or of legal subdivisions 
will always remain and be permanent, as originally 
intended. 

13. Locate the boundaries of civil townships, 
municipal corporations, special school districts or of 
any special or taxing district, along the lines of the 
original or legal subdivisions of land whenever 
possible, and thus enable the taxing officers to levy 
and distribute the various funds with convenience 
and certainty. 

14. As all surveys and descriptions of land 
should correspond with the records of those previous- 
ly made, such former records should be read care- 
fully before beginning the survey of any tract of 
land, or attempting to draw its description. 

15. Until the corners of original surveys gen- 
erally, are established in some permanent manner, 
and the importance of their preservation and use is 
well understood by the layman, so the corners may 
be depended upon to mark the bases from which to 
triangulate, it is not deemed practical, nor advisable, 

92 



OHIO LANDS 

as a general rule, to attempt to describe land other- 
wise than by calls, bearings, and distances. And, 
until such corners are so established, traversing, or, 
the use of angles to the right, or to the left, should 
not be resorted to in describing land. 



93 



CHAPTER 7 

THE GREENVILLE TREATY LINE. ^^ 

One of the most prominent and important lines 
separating several original surveys of land in Ohio 
and in southeastern Indiana, is that part of the 
Greenville Treaty Line from near Bolivar, a small 
town in the north part of Tuscarawas county, to its 
termination on the Ohio river in southeastern In- 
diana near Lamb, a small town in the southwest 
corner of Switzerland county. In Ohio the line is 
generally known as the "Greenville Treaty Line," 
while in Indiana it is referred to as the "Old Indian 
Boundary Line." 

The right of the Indians to remain in possession 
of their lands and sell them only when they desired, 
was recognized by the United States, which, how- 
ever, claimed the exclusive right of pre-emption and 

(1) 7 Arch. 207; 1 Howe, 532. 

94:. 



OHIO LANDS 

would permit the Indians to sell to no one else. The 
sales of land to the United States, nevertheless, were 
altogether voluntary, and the compensation paid was 
always more valuable to the Indians than the use of 
the land which they ceded. ^^^ These sales were 
effected by treaties, of which several ^^^ were made 
prior to 1790, for the land in Ohio. But as several 
tribes, who also claimed a right in the land, had not 
joined in the treaties, and others Who had done so, 
were influenced by the French to violate their obliga- 
tions, Indian depredations became more and more 
frequent as settlements were made. This culminated 
in the Indian war of 1790 and led to the establish- 
ment of the Greenville Treaty Line. 

The defeat of St. Clair, where the town of Fort 
Recovery now stands, on the 4th. day of November, 
1791, greatly encouraged the Indians who thereafter 
became such a menace to the frontiersmen as to re- 
quire strenuous action on the part of the govern- 
ment. Gem Anthony Wayne was selected to lead an 
expedition against the Indians and endeavor to re- 
establish peace. Vigorous and effective military 
action was necessary to pave the way. It was work 
for a fighting diplomat and Gen. Wayne proved him- 
self equal to the task. 

(2) 1 L. U. S. 454. 

(3) 1 L. U. S. 305, 390, 393, 454; 7 U. S. S. L. 16, 28. 

95 



OHIO LANDS 

Their defeat at Fort Recovery June 30, 1794, 
followed by the decisive battle of "Fallen Timbers," 
^'^^ (so called because the ground was covered with 
fallen timbers, caused probably by a tornado) on the 
west side of the Maumee river, just south of the town 
of Maumee, in Lucas county, August 20, 1794, left 
the Indians disheartened. Their military spirit and 
power were broken and their leaders were unable to 
enthuse them with the hope of successfully resisting 
Gen. Wayne and his army. The chiefs and the 
nations became divided as to continuing the war or 
considering peace. The Shawnees and the Indians 
near Detroit were for continuing the war, while the 
Wyandots were especially anxious for peace. The 
Delawares and Miamis were divided, while the Chip- 
pewas were much discouraged. The desire for 
peace, however, prevailed and soon became known to 
Gen. Wayne, then in winter quarters at Greenville. 
The Wyandots, expressing themselves as having "de- 
termined to bury the hatchet and scalping knife deep 
in the ground," became the most active and earnest 
in the movement. 

General Wayne responded readily to their over- 
tures and invited the Indians to meet him at Fort 
Greenville. They began arriving in the early part 
of June, and by the latter part of the month all had 

(4) 2 Howe, 137. 

9G 



OHIO LANDS 

assembled. Eleven hundred and thirty chiefs and 
warriors took part in making the treaty. ^^^ With 
the prudence and policy of a diplomat, General 
Wayne did not attempt to call the council together 
until the middle of July. He occupied the meantime, 
however, in cultivating the friendship of the Indians, 
gaining their confidence and impressing them with 
the advantage of a lasting peace. The terms were 
agreed upon and the treaty signed on the third day 
of August, 1795. (6) 

A line marking the division between the land re- 
tained by the Indians and that to which they propos- 
ed to surrender title, was first to be determined. 
Little Turtle, chief of the Miamis, who had led the 
Indians in St. Clair's defeat and afterwards took an 
active part in framing the treaty, desired to have 
the line run south from Fort Recovery, directly to 
Fort Hamilton on the Great Miami river. But to 
protect the possible navigation upon that river. 
General Wayne had it established farther west. The 
location of the entire line was agreed upon July 17, 
1795. It began on Lake Erie at the mouth of the 
Cuyahoga river and ascended that river to its port- 
age with the Tuscarawas ; thence across the portage, 
•following substantially along "Portage Path," now 
a well known street in Akron, to the "Grand Cross- 
es) 1 Howe, 532. 
(6) 1 L. U. S. 398; 7 U. S. S. L. 49. 

97 



OHIO LANDS 




THE GREENVILLE TREATY LINE 



98 



OHIO LANDS 

ing" of the Tuscarawas river near Bolivar, which is 
about one mile up the river from Fort Laurens 
(often improperly called "Fort Lawrence," even in 
official records) in the north part of Tuscarawas 
county; thence south 78° 50' west, 153 miles to where 
the portage began at Loramie's store on Loramie 
creek near the village of Loramie in the north- 
western part of Shelby county; thence north 81° lo- 
west to the town of Fort Recovery in the south- 
western part of Mercer county, and thence south 8° 
30' west to the north side of the Ohio river in south- 
eastern Indiana opposite the mouth of the Kentucky 
river. 

The line from Fort Laurens to Loramie creek 
was located by Israel Putnam who began its survey 
near Fort Laurens, Sunday, July 9, 1797, and com- 
pleted it August 29, 1797, "at a sycamore tree four 
feet in diameter standing at the fork of that branch 
of the Great Miami river near which stood Loramie's 
store." This part of the line, however, is not locat- 
ed upon a direct course between those points, but 
swings or bows, instead, to the south of a straight 
line. Moreover, the line does not cross Loramie 
creek at a common point. The part of the line from 
the west intersects that creek about one-fourth of a 
mile south, or down the creek, from the termination 
of the line from the east. 

90 



OHIO LANDS 

Having agreed to this line as marking the 
boundary of the land to which the Indians were con- 
ceded to have superior title, the general government, 
of course, respected it, and no surveys were made to 
the north or west. But as it was desired to sub- 
divide the lands adjoining the line to the south and 
east, and to which the United States had thus acquir- 
ed title, their surveys were begun at once after the 
conclusion of the treaty. 

The Greenville Treaty Line, therefore, marks 
the division between original surveys from Bolivar 
to its termination in southeastern Indiana, except 
through the Virginia Military reservation in which 
the settlement of the land and its survey were delay- 
ed until after subsequent treaties had been made 
whereby the Indians released their claims to the land 
to the north. 

Since circumstances delayed the subdivision and 
settlement of the territory between the mouth of the 
Cuyahoga river and Bolivar, until after the Indians, 
by the treaty of Fort Industrj^, July 4, 1805 ^^^ had 
also released their claims to the land to the west, it 
was not necessary to recognize this part of the treaty 
line when surveying the land through which it ran. 

As evidence of their friendship and confidence 
in the United States government and their desire to 

(7) 1 L. U. S. 409; 7 U. S. S. L. 87. 
100 



OHIO LAND S 

aid in maintaining friendly intercourse, the Indians 
also ceded to it several small tracts of land lying 
within that reserved by them. But as it was not 
necessary to survey or subdivide many of these 
reservations until after the United States had ac- 
quired the Indian title to the lands surrounding 
them, virtually all, in Ohio, lost their identity and 
subsequently became merged into the general sur- 
veys within which they were respectively located. 
By reason, however, of the desire to maintain forts 
in the twelve and the two miles square reserves, as 
well as also to secure to the occupants of some of the 
tracts Y/ithin them their title to the land they oc- 
cupied, the government, at an early date, provided 
for the survey and subdivision of these two reserves. 
Each, therefore, constitutes an independent and 
original survey. 

The consideration paid the Indians for the 
rights thus surrendered, was goods valued at twenty 
thousand dollars. The government also further 
agreed to deliver to these Indians every year there- 
after, forever, "at some convenient place northward 
of the river Ohio, like useful goods, suited to their 
circumstances, of the value of nine thousand five 
hundred dollars." ^'^' This latter arrangement, 
however, was soon abrogated by subsequent treaties. 



101 



CHAPTER 8 

THE VIRGINIA MILITARY TRACT. 

For many years after the discovery of America 
only voyages of discovery or adventure were made ; 
and permanent settlements were not attempted by 
the English until June 11, 1578, when Sir Humphrey 
Gilbert obtained from .Queen Elizabeth a patent ^^^ 
permitting him to make settlement on any six hun- 
dred square miles of territory "not actually possess- 
ed by any Christian prince or people." He was un- 
able, however, to raise an expedition until 1583, when 
he lost his life returning on his first voyage. 

A new expedition was organized at once by his 
step-brother. Sir Walter Raleigh, who March 25, 
1584, ^2) obtained a charter from Queen Elizabeth to 
settle upon the east coast of the United States be- 
tween the 33d and 40th parallels of north latitude, 



(1) A. C. C. O. L. 49. 

(2) A. C. C. O. L., 53. 



102 



OHIO LANDS 

which the queen named Virginia. Sir Walter made 
several voyages within the next few years but failed 
to establish a permanent settlement and sacrificed 
his own fortune in the attempt. 

Enthused by the glowing accounts of those who 
had returned, a number of prominent people in 
London and Plymouth became interested and applied 
to King James I for a charter permitting them to es- 
tablish settlements. Those with headquarters in the 
city of London constituted the "First Colony" and 
were known as the "London Company"; while those 
with headquarters at Plymouth constituted the 
"Second Colony," and were known as the "Plymouth 
Company." 

April 10, 1606, King James issued to these colon- 
ies a joint charter, ^^^ authorizing them to settle upon 
any land lying between the 34th and 45th parallels 
of north latitude "alongst the coasts of Virginia and 
America, as that coast lyeth," and "into the main 
land for the space of one hundred miles." To the 
first colony was given the right to settle upon the 
land lying between the 34th and 41st parallels of lati- 
tude, and to the second, the right to settle upon that 
lying between the 38th and 45th, except that neither 
colony should make settlement within one hundred 

(3) A. C. C. O. L., 3783; 5 Arch., 1. 
103 



C) IT I () LANDS 



^/^ 




CLAIMS 

UNDER 

CHARTERS 



1606 - IOCS 



104 



OHIO LANDS 

miles of any begun by the other between the 38th and 
41st parallels of latitude. 

A new charter ^^^ was given May 3, 1609, to the 
London Company^ constituting its members a cor- 
poration by the name of "The Treasurer and Com- 
pany of Adventurers and Planters of the City of 
London for the first Colony in Virginia," and extend- 
ing their right to include all the land "throughout 
from sea to sea, west and northwest" ; and March 12, 
1612, King James issued that company a third 
charter ^^^ enlarging its rights and including a num- 
ber of islands. 

Proceeding under its charter of 1606, the London 
Company, in the spring of 1607, established the first 
permanent English settlement in America on an 
island in the James river and named it Jamestown ; 
while the Plymouth Company, failing several times 
to effect a permanent settlement upon the land grant- 
ed it, was succeeded by others with new charters 
which did not extend farther south than the 41st 
parallel The London Company, later assuming the 
name of Virginia, eventually broadened its claim to 
territory, under the charter of 1609, until it included 
all the land lying between the 34th parallel of lati- 
tude and a line running from a point on the coast of 
New Jersey two hundred miles from Point Comfort, 
north 45 degrees west, passing near Niagara Falls, 

(4) A. C. C. O. L., 3790; 5 Arch., 12. 

(5) A. C. C. O. L., 3802; 5 Arch., 33. 

105 ^ 



OHIO LANDS 

"throughout from sea to sea.'' Consequently, under 
this construction of the 1609 charter, Virginia laid 
claim to all the territory as far west as the Mississip- 
pi river, except that now constituting the states of 
Maryland, Pennsylvania, Delaware, New Jersey and 
a part of New York, while the Plymouth Company 
and those holding under later issued charters for 
the territory to the north, made no claim to land 
south of the 41st parallel. 

The title of Virginia to the territory northwest 
of the Ohio river, therefore, rested upon the charters 
of 1606 and 1609, particularly the latter, subject, 
however, to the right of the Indians and the claim of 
the French released to England by the treaty of 1763, 
^^^ and acquired subsequently by the United States 
by the treaty of 1783. ^^^ 

However, as the efforts of the united colonies in 
fighting for their freedom, were considered by many 
colonies, especially those owning no western land, to 
be for the common good of all, it was early claimed 
that the unsettled western lands, particularly those 
acquired by England of France, should be held by the 
United States in trust for the union. *^) Whereupon 
the Continental Congress, September 6, 1789, '^^ re- 

(6) 1 L. U. S., 465, note. 

(7) 1 L. U. S., 202. 

(8) 9 Wheaton 469; 22 U. S. S. C. R., 137; 2 Arch, 276. 

(9) 1 L. U. S., 472, 475, note. 

lOG 



f 




THE VIRGINIA MILITARY TRACT 



107 



OHIO LANDS 

quested the several states "having claims to waste 
and unappropriated lands in the western country," 
to cede them to the United States "for the common 
benefit of the union." 

Conceding the justice of the request, and also 
being anxious to have her frontier settled by English 
speaking people, Virginia led in endeavoring to 
comply, and in October of 1783, ^'^^^ authorized her 
delegates in congress to convey to the United States 
all her right, including that to the soil and jurisdic- 
tion, to the territory northwest of the Ohio river, 
conditioned, however, that in case she did not have 
sufficient land southeast of the Ohio to satisfy her 
troops with army bounty warrants, which she had 
promised them; that such deficiency should be made 
up in land between the Scioto and the Little Miami 
rivers. The deed was executed by the delegates 
from Virginia and accepted by Congress in 1784. '^^^ 
This deed was modified, however, by Virginia in 1783, 
to comply with the fifth article of the ordinance of 
1787. (12) 

As the Revolutionary war was conducted by the 
colonies as individual colonies as well as also by their 
united efforts, each colony sought to induce the en- 
listment of troops by whatever means it possessed. 

(10) 1 L. U. S., 472, 475, note, 572. 

(11) 1 L. U. S., 472. 

(12) 1 L. U. S., 475; L. L. 0., 258. 

108 



OHIO LANDS 

Virginia owned much unsettled and waste land 
southeast of the Ohio river, and proposed, in 1779 
and also in 1780, ^^^^ to give to each officer, soldier or 
sailor, who should serve in the army or navy to the 
end of the war, or to the heirs or legal representa- 
tives of any slain, or to their heirs or assigns, the 
following amounts of unappropriated land : 

Major General 15,000 Acres 

Brigadier General 10,000 Acres 

Colonel .' 5,000 Acres 

Lieutenant Colonel 4,500 Acres 

Major 4,000 Acres 

Captain 3,000 Acres 

Subaltern 2,000 Acres 

Non-commissioned officer . . . 400 Acres 
Non-commissioned officer 

serving less than three 

years 200 Acres 

Soldier or sailor serving three 

years 200 Acres 

Soldier or sailor serving less 

than three years 100 Acres 

To every person acting as 
chaplain, surgeon or sur- 
geon's mate, the same quan- 
tity of land allowed com- 
missioned officers receiving 
the same pay and rations. 

(13) L. L. O., 115, 116. 

109 



OHIO LANDS 

With the exception of the major general and the 
brigadier general, all officers were allowed, by the 
act of October, 1780, (i^> "an additional bounty in 
lands in the proportion of one-third of any former 
bounty granted them. ' ' By another act of the same 
month, Virginia proposed to give to each soldier 
serving to the end of the war, "a healthy sound 
negro, between the ages of ten and thirty years, or 
sixty pounds in gold or silver," at his option, and also 
three hundred acres of land, in lieu of all bounties 
previously promised. However, as this act was 
carried into the statutes by title only, it was over- 
looked in practice. ^'^^^ 

As the result of the treaty with England in 1783, 
the treaties with the Indians in 1789 and 1795, and 
the deed of cession from Virginia in 1783, the title 
to the lands in the Virginia military tract is con- 
sidered to have vested in the United States in trust 
for the officers and soldiers of Virginia to whom that 
state had promised army bounty warrants for 
land. ^15) 

In 1788, (1^^ Congress declared invalid all 
locations and surveys made on account of the Vir- 
ginia troops on land between the Scioto and the Little 
Miami rivers before the deficiency, if any, on the 
southeast side of the Ohio had been ascertained, and 

(14) L. L. 0., 116. 

(15) 9 Wheaton 469; 22 U. S. S. C. R., 137. 

(16) 1 L. U. S., 572. 

110 



OHIO LANDS 

requested information of the executive of that state 
of the amount yet required. The agents of the 
troops reported a deficiency of lands southeast of the 
Ohio river; whereupon Congress in 1790, ^^^^ assum- 
ing that it, probably, would require all the land be- 
tween the Scioto and the Little Miami rivers to satis- 
fy the army bounty warrants issued by Virginia, re- 
pealed the ordinance of 1788 and directed the secre- 
tary of war to furnish the executive of that state 
with the names of the officers and soldiers entitled to 
lands; that these officers and soldiers might locate 
their lands between those two rivers, and, after the 
entries had been located and the surveys made, that 
the president of the United States should issue let- 
ters patent for such land to the persons originally 
entitled to lands and to their heirs and assigns. 

By the act of May, 1800, ^^^^ Congress required 
all surveys for land issued prior to that time to be 
completed before December 1, 1803. By subsequent 
acts of Congress the time within which these lands 
could be located and surveyed, was extended from 
time to time for a number of years. ^^^^ 

(17) 2 L. U. S., 179, 440; 1 U. S. S. L., 182, 394; 9 Wheaton 
469; 22 U. S. S. C. R., 137. 

(18) 3 L. U. S., 393, 478; 2 U. S. S. L., 80, 155. 

(19) 3 L. U. S., 554, 592; 4 L. U. S., 92, 107, 281, 714, 805; 
6 L. U. S., 282, 549; 7 L. U. S., 171, 516; 8 L. U. S., 
288; 9 L. U. S., 829, 985; 10 L. U. S., 149; 2 U. S. S. L. 
236, 274, 424, 437, 589; 3 U. S. S. L., 143, 212, 423, 
612, 772; 4 U. S. S. L., 395; 5 U. S. S. L., 329; 9 U. 
S. S. L., 41, 244, 421; 10 U. S. S L., 143, B98, 701; 12 
U. S. S. L., 84; 21 U. S. S. L., 142. 

Ill 



OHIO LANDS 

In 1871, all the unsurveyed and unsold lands in 
the Virginia military district were ceded by Con- 
gress to the state of Ohio. ^^^^ This act was modified 
in 1880, ^^^^ so as not to affect, or disturb the title to 
any lands sold by the Ohio Agricultural and Me- 
chanical College under the act of 1871, while the 
title of any person in the actual open possession of a 
tract held under claim or color of title made in good 
faith for twenty years, was confirmed by congress in 
1882, ^^^^ and the title to all unpatented land was 
quieted by the legislature in 1889. ^^2) 

While the lands between the Scioto and the Little 
Miami rivers were thus being located and surveyed, 
Congress in 1799 and also in 1800, ^^^^ directed the 
surveyor general to complete the survey and sub- 
division of the land between the Miami rivers begun 
by Judge Symmes, to the Greenville treaty line ; and 
in doing so it became necessary to determine the 
dividing line between that tract and the tract thus 
reserved to satisfy land warrants issued by Virginia. 
Thereupon, Israel Ludlow, deputy surveyor, located 
a line running from the source of the Little Miami 
river in the southwest quarter of section thirty, 
township seven, east, of range eight "Between the 
Miami Rivers," north twenty degrees west, a dis- 

(20) 16 U. S. S. L., 416. 

(21) 21 U. S. S. L., 142. 
(31) 22 U. S. S. L., 348. 

(22) 86 L. 0., 92. 

(23) 3 L. U. S., 264, 385; 1 U. S. S. L., 728; 2 U. S. S. L., 73. 

112 



OHIO LANDS 

number one on the Ohio river, has been departed 
from in the eighteenth range where the second 
fractional township from that river has been given 
number one, while the first, or most southern, frac- 
tional township is called "fraction township one," as 
shown by the plan of "Range 18." 

Except where the Ohio or the Scioto river, or the 
hnes of other subdivisions cause fractions of town- 
ships, and in townships eleven and twelve of the 
thirteenth range, all townships in this survey are 
six miles square, and the sections, or mile square lots, 
are numbered upon the plan adopted by the act of 
1796, by beginning at the northeast corner of the 
township and numbering west, east, etc., except as 
to (1) the land south of the geographer's line in the 
original seven ranges, and (2) that purchased by the 
Ohio Company of Associates. In these two tracts 
the sections are numbered upon the plan required by 
the original land ordinance of 1785, by beginning in 
the southeast corner of the township and numbering 
north to the northeast corner, etc. 

The ordinance of 1785 required the sections in 
fractional parts of townships to "bear the same 
numbers as if the township had been entire," ^2) and 
the sections, or parts of sections, in fractional town- 
ships subdivided under that ordinance, have been 

(2) 1 L. U. S., 563. 

121 



OHIO LANDS 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


^W 


17 


16 


15 


14 


13 


^ X 


%19 


20 


21 


22 


23 


■ X 


1^7 


26 


25 


24 


Township I ■ 


;'^^ 








^;^ 


^0 


31 


32 


FRACTION ] 






1 



« 



OHI(J> LANDS 

numbered in that manner; but, while the act of 
1796 (^^ required "fractional parts of townships to 
be divided into sections, in the manner" provided by 
that act for the subdivision of entire townships, the 
rule of numbering sections, evidently required by 
that act, was not applied in townships eleven and 
twelve of the thirteenth range, in the fractional 
townships bordering the Ohio river in ranges sixteen, 
seventeen, eighteen, nineteen, twenty and twenty- 
one, or in the fractional townships bordering the 
Scioto river in the Langham and the Worthington 
surveys in range twenty-two. In each of these 
fractions, section number one is in the northeast 
corner of the township, and the numbers thence 
proceed consecutively to the west, as provided for by 
that act. But this process is thus carried only so far 
as there are sections, or parts of sections, within that 
tier of sections in the township, when the section, or 
part of section in the tier of sections lying immediate- 
ly to the south of the tier last so numbered, is given 
the next consecutive number. This process is con- 
tinued thence to the east side of the township, thence 
west, and so on until each section, or part of section, 
within the fraction of township, is given a number, 
regardless of the plan evidently provided for by the 
act of 1796,^^) as may be seen by the plat of 
"Range 18." 

(3) 2 L. U. S.. 533; 1 U. S. S. L., 464. 
123 



OHIO LANDS 






The method of numbering sections provided for 
by congress, has, therefore, been radically interfered 
with in these fractional townships and in townships 
eleven and twelve of the thirteenth range, and no 
rule applies, since the order of the numbers of sec- 
tions is seldom, if ever, alike in any two. 

Much confusion arises from the manner of 
numbering the fractions of townships caused by the 
Scioto river in the twenty-second range. Three 
separate sets of numbers prevail. The first begins 
with township number one on the Ohio river, as the 
townships in the other ranges of such survey begin, 
and continues north for five townships until the 
trend of the Scioto river from the east cuts out the 
range entirely. This part of the range was sur- 
veyed in May of 1799, by Elias Langham, and was 
subdivided into sections, in 1805, by James Denny. 
It is known as the "Langham Survey." The next set 
of numbers begins with township number one im- 
mediately north of where the eastward trend of the 
Scioto crosses that range from the west, and con- 
tinues north for four townships. This part of such 
range was surveyed in June of 1799, by Thomas 
Worthington, and subdivided, in 1805, by Jesse 
Spencer. It is known as the "Worthington Survey." 
That part of this range lying between Worthington 's 
survey and the United States Military tract was 

124 



I 



OHIO LANDS 

surveyed in May of 1799, by John Matthews and 
Ebenezer Buckingham, and subdivided, in 1805, into 
sections, by Jesse Spencer. It is known as the 
"Matthews Survey." This latter survey consists of 
parts of four townships which are numbered two, 
three, four and five, respectively, but for some un- 
known reason the plan, however, did not begin with 
township number one, which is omitted. 

Duplication of numbers of townships will be 
found also in range number twenty-one. Eleven 
townships from the Ohio river were first surveyed 
and numbered from one to the north, from that river, 
but the four townships composing the balance of the 
range, to the United States Military tract, were not 
given continuous numbers, but began with number 
nine immediately north of township number eleven 
of the first series. Thus, townships numbers nine, 
ten and eleven, are duplicated in this range. 
The first or southern townships were surveyed in 
1799, by Thomas Worthington and should be desig- 
nated as of the "Worthington Survey," while the 
latter or northern townships, were surveyed in 1801, 
by Ebenezer Buckingham, and should be referred to 
as the "Buckingham Survey." 

To distinguish these five surveys and avoid con- 
fusion in describing the lands within them, they 
should be referred to, respectively, as "The Langham 

125 



OHIO LANDS 

Survey," "The Worthington Survey," "The 
Matthews Survey," "The Worthington Survey," or 
"The Buckingham Survey." For instance, "Section 
number two of township number three of the 
Matthews Survey of range number twenty-two of 
the Ohio River Survey." 

To remedy defects occasioned by carrying 
the survey so far from its base, a "correction line," 
or true meridian, was established between ranges 
seventeen and eighteen; while the south line of 
township five of the eighth range, and continuing 
west, was run by Israel Ludlow, under direction of 
the Federal government, to establish the north line 
of the one and one-half million acre tract contracted 
for by the Ohio Company of Associates. This latter 
line is known as "Israel Ludlow's Survey." 

Township eight of range sixteen of the Ohio 
River Survey, which also coincides with the civil 
township of Wilkesville, Vinton county, has the 
unique distinction of possessing the plans of number- 
ing sections provided for by both the ordinance of 
1785 and the act of 1796. 

All of this township, except one mile off the 
south side, was included in the second purchase made 
by the Ohio Company of Associates, who subdivided 
their lands upon the general plan provided for by the 

12G 



OHIO LANDS 



36 


30 


24 


18 


12 


6 


640 A 


640 A 


640 A 


640 A 


640 A 


640 A 


35 


29 


23 


17 


11 


5 


640 A 


640 A 


640 A 


640 A 


640 A 


640 A 


34 

640 A 


Fr. 35 

262 A 


Fr. 23 

262 A 


16 

640 A : 


10 

640 A 


4 

640 A 


Fr. 34 

262 A 


Fr. 24 

262 A 


Fr. 33 

262 A 


Fr. 36 

262 A 


33 

640 A 


15 

640 A 


9 

640 A 


3 

640 A 


27 

477 A 


Fr. 30 


21 


32 


26 


20 


14 


8 


2 


640 A 


640 A 


640 A 


640 A 


640 A 


640 A 


1 


°J1 


1 o come 


/Ifirs Pan 


B**»e ^^ 





6 


5 


4 


3 


2 


1 


640 A 


640 A 


640 A 


640 A 


640A 


640A 



WILKESVILLE TOWNSHIP, VINTON COUNTY 



127 



OHIO LANDS 

ordinance of 1785, ^^^ but modified to suit their pur- 
poses; while the land composing the lowest tier of 
sections was within the lands retained by the general 
government which later subdivided it upon the 
plan provided by the act of 1796. *^^ Sections one, 
seven, thirteen, nineteen, twenty-five and thirty-one 
were, therefore, omitted in the first survey. And 
when the surveyor general subdivided this remain- 
ing part of the township into sections, he was govern- 
ed by the latter act, and so numbered the six sec- 
tions thus composing such remainder, from one to 
six, and thereby duplicated sections two, three, four, 
five and six in that township. 

By reason of the Ohio river being the base from 
which all the townships within this survey are num- 
bered, the survey should be termed, very properly 
''The Ohio River Survey." And, except as otherwise 
noted, the land within it should be described as be- 
ing in that survey, as, for instance, "section number 
five, in township number six, of range number 
twelve of the Ohio River Survey." 



128 



OHIO LANDS 

tance of forty miles, five chains and twenty-five links, 
to a point on the Greenville treaty line in the south- 
east quarter of section two, township two, east, of 
range fifteen which he assumed to be the source of 
the Scioto, and proceeded to subdivide all the land 
"Between the Miami Rivers" lying west of this line, 
since known as the "Ludlow Line," into ranges, 
townships and sections. 

That the division line between these two tracts 
might be fixed. Congress in 1804, ^^4) accepted the 
Ludlow line and directed that it "be considered and 
held as the westerly boundary line, north of the 
source of the Little Miami, of the territory reserved 
by Virginia," provided Virginia within two years, 
should recognize it as the boundary. 

While it was comparatively easy to locate the 
lands reserved by Virginia lying between the main 
channels of the Scioto and the Little Miami rivers, 
and also the source of the latter stream, yet it was 
not so easy to determine, within a large extent of 
swampy land, the "source of the Scioto," when any 
one of several widely separated places might, with 
equal reason, be so considered. Virginia, therefore, 
objected to the Ludlow line and Congress, in 1812, ^^^^ 
provided for the appointment of three commission- 

(24) 3 L. U. S., 592; 2 U. S. S. L., 274. 

(25) 4 L. U. S., 455; 2 U. S. S. L., 264. 

113 



OHIO LANDS 

ers, who, with such commissioners as Virginia might 
appoint, should meet at Xenia in October of 1812, 
employ a surveyor and ascertain, survey and dis- 
tinctly mark the westwardly boundary line accord- 
ing to the true intent and meaning of the act of 
cession. ^^^^ 

This commission met at Xenia in October of that 
year and employed Charles Roberts to survey and 
mark the line. The line began at the same head- 
spring as the source of the Little Miami that the Lud- 
low line had been surveyed from, and was run north 
twenty degrees west to a point in the southeast 
quarter of section thirty-four, township five, south, 
of range eight east of the first principal meridian; 
thence north TS"* 05' east, to a point in section thirty- 
six of the same township and range where the source 
of the Scioto river was assumed to be. This line has 
since been known as the "Roberts Line." 

While these lines, each having the same bearing, 
began at the same southern source they diverged 
about four degrees and the north end of the Roberts 
line is, therefore, some four miles west of that of the 
Ludlow line, thereby enclosing virtually one hundred 
square miles of territory which Virginia claimed. 
Why these lines, each with the same bearing, should 
diverge so much, is not explained by the records. 
Perhaps one survey may have been based upon the 

lU 



OHIO LANDS 

true meridian, while the other may have been upon 
the magnetic meridian at the time of the survey. 

The Virginia commissioners, however, refused 
to agree even to the Roberts line and claimed a still 
larger tract by running from the source of the Scioto 
river straight to the mouth of the Little Miami. ^^^^ 
This demand prevented an agreement establishing 
the division line between the tracts; and its settle- 
ment was deferred until in 1818, ^^^^ when Congress 
confirmed the act of 1804 and established the line as 
run by Ludlow as the western boundary of the Vir- 
ginia reservation lying south of the Greenville Treaty 
line, and the Roberts line as the boundary line of that 
part of the reservation lying north of that treaty line. 
The commissioner of the United States Land Office, 
however, seems to have accepted the Roberts line as 
the proper one ^^'^^ 

Meanwhile, land warrants, issued by Virginia, 
had been located between the Ludlow and the Roberts 
lines, and the right to do so was upheld, in 1824, by 
the supreme court of the United States in the case of 
Doddridge vs Thompson, ^^^^ which virtually estab- 
lished the Roberts line as the proper division line, 
notwithstanding the act of 1818 ^^^^ to which the 
court did not advert. 

(26) 6 L. U. S., 282; 3 U. S. S. L., 423. 

(27) 9 Wheaton, 469; 22 U. S. S. C. R., 137; 13 Arch., 278. 

115 



OHIO LANDS 

In 1824, Congress authorized the president to 
ascertain the number of acres, and their value ex- 
clusive of improvements, of all lands lying between 
the Ludlov/ and the Roberts lines according to the 
principles of the decision of the supreme court in the 
Doddridge case, and the terms by which the holders 
would relinquish their claims to the United States, 
and to report the facts to Congress. ^^^^ Thereupon 
Congress in 1830, *29) authorized the president to pay 
to the Virginia military claimants of land between 
the Ludlow and the Roberts lines, located prior to 
June 26, 1812, the sum of $62,515.25, provided they 
relinquish their title to the United States. In 
February of 1831, ^^^^ Congress authorized the 
president to pay Phillip Doddridge $1,765.68 for mili- 
tary survey No. 6928 for seven hundred acres lying 
between the Ludlow and the Roberts lines, which he 
had already conveyed to the United States. 

Since the land warrants issued by* Virginia 
determined the quantity of land to which each person 
was entitled, the indiscriminate location plan as ap- 
plied in that state was used in subdividing the land 
between the Scioto and the Little Miami rivers, east 
of the Ludlow line; while that between the Ludlow 



(28) 7 L. U. S., 320; 4 U. S. S. L., 70. 

(29) 8 L. U. S., 318; 4 U. S. S. L., 405. 

(30) 8 L. U. S., 411; 4 U. S. S. L., 440. 

IIG 



OHIO LAND S 

and the Roberts lineSj which is a part of the survey 
"Between the Miami Rivers/' was subdivided upon 
the rectangular plan. As the surveys of the entries 
were made they were given numbers, known as sur- 
vey numbers, but as the territory was settled at wide- 
ly separated points, consecutive numbers are not 
contiguous. The tract lies in the southwestern part 
of the state and contains about 4,204,000 acres. 



11 ■ 



CHAPTER 9 

THE OHIO RIVER SURVEY 

The Ohio River Survey in the southeastern' 
part of the state is the most extensive of any in Ohio. 
Within it lies the historic seven ranges where the 
rectangular system was first applied, and where the 
first line for the subdivision of land under the new 
system, known as the "geographer's line," was sur- 
veyed and established by Colonel Hutchins for the 
United States government. 

This survey extends from the Pennsylvania line 
and the Ohio river west to the Scioto, and to the west 
line of the twenty-first range, north of the Green- 
ville treaty line, and includes all the land lying be- 
tween the forty-first parallel of latitude and the Ohio 
river, except that within the United States Military 
tract, the Ebenezer Zane tracts, the Donation tract 
and the French grants. 

118 



OHIO 



L A N D S 




THE 

OHIO RIVER 
SURVEY 



119 



OHIO L A N D S 

Its ranges, as begun under the ordinance of 
1785 *^^ are numbered west from the west line 
of Pennsylvania, and the townships in each range, 
except the eighteenth, are numbered north from 
where the ranges respectively^ intersect the Ohio 
river. The first township, or fraction of a township 
in each range thus bordering upon that river, is 
designated as township number one of such range, 
except in the eighteenth where the first fraction of 
tow^nship is called "fraction one." And the town- 
ships in each range are numbered thence consecu- 
tively from number one, north to the forty-first 
parallel of latitude. The townships or fractions of 
townships, lying north of the United States Military 
tract are each given such consecutive numbers in 
their respective ranges as they would have been 
given had that tract not intervened. Each range in 
this survey, therefore, contains as many numbered 
townships as there are full, or fractions of, town- 
ships within it. But, by reason of the irregularity of 
the Ohio river, few of these ranges are of the same 
length, and consequently instances are rare of ad- 
jacent townships in adjoining ranges having similar 
numbers. 

The rule of numbering townships, or fractional 
parts of townships, in this survey, by beginning with 

(1) See The Seven Ranges; 1 L. U. S., 563. 
120 



OHIO LANDS 

passable for horsemen. No survey of it is known to 
have been made and no record of its location is found 
in the general land office, except that a dotted line, 
indicating its general course, was made by the 
government surveyors upon the plats of the original 
subdivision of the land in much of the territory 
through which this trail ran. 

As a highway, however, this trace was of much 
importance, and being used quite generally by emi- 
grants bound for the west, readily diverted much of 
the travel which before then had been by land over 
the Cumberland mountains, through Crab Orchard, 
Kentucky, and by canoes and keel boats down the 
Ohio river. Settlements consequently began at once 
to spring up along this trail which soon proved itself 
a prominent factor in the development of the 
western country. 



11)3 



CHAPTER 17 

THE TWELVE MILES SQUARE RESERVE. 

The first fortification built within the state of 
Ohio by white people was "Fort Miami," established 
in 1680 by Frontenac, the French Governor of 
Canada on the west bank of the Maumee river, then 
called the "Miami of the Lake." It was used as a 
military trading post by the French but a short time 
and then abandoned for a location farther within the 
Indian country. The fort was not rebuilt nor oc- 
cupied again until 1785 when it was taken possession 
of by the British and held by them until the Indian 
treaty of 1795. The British came into possession of 
it again during the war of 1812, and, at the close of 
that war it fell into the hands of the United States, 
which soon abiindoned it as a military post. 

The military occupation of this fort, situated so 
advantageously in the heart of the Indian country, 

194 



() II I O LANDS 



18 I 17 I 16 I 15 I 14 . 13 I 18 I 17 ■ 16 ■ 15 i 14 ■ 13 i 18 




TWELVE MILES SQUARE RESERVE 



195 



OHIO LANDS 

was considered of such strategic importance that the 
United States, when concluding the Greenville treaty 
acquired the Indian title to "one piece of land twelve 
miles square " surrounding the fort. '^^ This tract is 
located in Wood and Lucas counties, between which 
it is equally divided by the Maumee river, and has 
been the scene of much that is historically interest- 
ing. Within its limits many battles have been 
fought with the Indians as well as also between the 
white men themselves. Near this fort and within 
the reserve General Wayne fought the decisive 
battle of "Fallen Timbers," defeated the Indians 
and brought about the treaty of Greenville. 

During the alternate occupations of this part of 
the country by the French and the English many 
white persons settled near the fort which afforded 
them protection. When the United States acquired 
the reserve, it was desired to give these occupants 
titles to the lands they had settled upon, and also to 
provide for the sale of the balance of the tract. It 
became necessary, therefore, to subdivide it into 
tracts suitable to meet these requirements. That 
all should be treated justly. Congress, in 1805, *^^ 
provided that any person claiming any part of such 
land under legal grants derived from the French or 
the British governments, by virtue of actual posses- 

(1) 1 L. U. S., 398; 7 U. S. S. L., 49. 

(2) 3 L. U. S., 596, 670; 2 U. S. S. L., 277, 343. 

196 



OHIO LANDS 

sion and improvement, or for any other account 
whatever, should file with the register of the land 
office at Detroit by November 1, 1805, a statement of 
the nature and extent of his claim together with a 
plat of the tract claimed, and also any grant, order 
of survey, deed, conveyance or other written evi- 
dence. The register and the receiver of public 
moneys of that land office were constituted commis- 
sioners to pass upon the claims and report their find- 
ings to the secretary of the treasury. 

In 1807, ^^^ Congress confirmed the report of 
these commissioners and directed that every person 
in the actual possession of any tract of land, in his 
own right, and settled, occupied and improved by 
him prior to the first day of July, 1796, or by some 
other person under whom he claimed the right to its 
occupancy or possession, should be confirmed in his 
title as an estate of inheritance in fee simple, and be 
entitled to a patent for it in the manner provided by 
law for the other lands of the United States. 

In compliance with the acts of 1804, ^^^ and 1805, 
^^^ deputy surveyor Elias Glover, in the latter year, 
made a partial survey of the tract and subdivided it 
into four townships of six miles square each. The 
southwest township was designated number one, the 

(3) 4 L. U. S., 109; 2 U. S. S. L., 437. 

(4) 3 L. U. S., 596; 2 U. S. S. L., 277. 

(5) 3 L. U. S., 670; 2 U. S. S. L., 343. 

197 



OHIO LANDS 

northwest number two, the northeast number three 
and the southeast number four. The tract contains 
no ranges and is denominated by townships only; 
and, being an original survey^ it is known as "The 
Twelve Miles Square Reserve." 

Each township was subdivided into thirty-six 
mile square lots, or sections. The sections were 
numbered from one to thirty-six by beginning in the 
northeast corner of the township and numbering 
west, etc., as provided by the act of 1796, ^^^ except 
that part occupied by the settlers under the French 
or Bri;:ish, and the sections bordering along the river. 
Under the act of 1816, ' '^ Joseph Wampler surveyed 
the north and the east boundaries and subdivided the 
sections adjoining the river into tracts approximat- 
ing 160 acres each. These were numbered from one 
to ninety-three and were termed "River Tracts"; 
while the parts of sections not used for river tracts 
were termed "Fractional Sections." The boundaries 
of the private claims were surveyed, in 1817, by 
deputy surveyor S. Carpenter. 

By the act of Congress of 1816, ^^^ section six- 
teen in each township was reserved for the benefit of 
schools within the township. Many special acts of 

(6) 2 L. U. S., 533; 1 U. S. S. L., 464. 
(7) 6 L. U. S., 121; 3 U. S. S. L., 319; 23 L. O. 33; 43 L. O. L., 
433. 

198 



I 



OHIO LANDS 

the legislature, however, have been passed affecting 
these sections. 

In 1835. (^- section sixteen in township one was 
directed to be subdivided into forty and eighty acre 
lots, appraised and sold at public sale by the auditor 
of Wood countj^; who should certify such proceedings 
to the auditor of state when deeds would be given 
as provided by the act of 1827. (») The act of 1835, 
however, erroneously designated township three in- 
stead of township one, and was corrected in 1836, ^^^^ 
Meanwhile several lots in township one had been sold 
before the error was discovered. To correct such 
error the purchasers of lots Nos. 1, 2, 3 and 9 of 
section 16 in that township, reconveyed them to the 
state; ^^^^ while the treasurer of Wood county was 
directed to bid off in the name of the state, such lots 
in that section as might be offered for sale under 
decree of the Lucas county court. ^^^^ 

Under tjie act of 1840, the auditor of Lucas 
county was authorized to sell section sixteen in town- 
ship two, at public sale, in half quarter sections, and, 
upon sale, to execute and deliver deeds to the pur- 
chasers. ^^^^ 



(8) 


33 L. 0. L., 206. 




(9) 


25 L. C, 56. 




(10) 


34 L. 0. L., 152. 




(11) 


42 L. 0. L., 99; 43 L. 0. L., 66. 




(12) 


43 L. O. L., 176., 




(13) 


38 L. 0. L., 177; 39 L. 0. K, 173; 
68 L. 0., 184; 72 L. 0., 257. 


47 L. 0. 



L., 243; 
199 



k 



OHIO L A X D S 

In 1841, the auditor of Lucas county was direct- 
ed to sell section sixteen in township three, at public 
sale, in half quarter sections and certify the sales to 
the auditor of state when deeds were to be made as 
provided by the act of 1829; '^^ while the commis- 
sioners of thai: county were permitted to select two 
half quarter sections upon which they had erected a 
county poor house, at the average price at which the 
balance of the section should sell. '^^^ 

(Id) 39 L. O. L., 171; 41 L. O. L., 112. 



'J(K) 



CHAPTER 18 

THE TWO MILES SQUARE RESERVE. 

One piece of land two miles square at the lower 
rapids of the Sandusky river was ceded by the In- 
dians to the United States by the Greenville treaty, 
^^^ and has since been known as "The Two Miles 
Square Reserve." It is located at Fremont in the 
central part of Sandusky county, in townships four 
and five, north, of the fifteenth range east of the first 
principal meridian. 

This tract came into prominence during the war 
of 1812 when Fort Stephenson built within it on the 
west bank of the river, was successfully defended by 
Colonel George Croghan and a garrison of but two 
hundred men against five hundred British and eight 
hundred Indians under General Proctor. Colonel 
Croghan was rewarded by promotion and given 
much praise, especially by the people of Chillicothe 
who presented him an elegant sword. 

(1) 1 L. U. S., 398; 7 U. S. S. L., 49. 
201 



OHIO LANDS 



28 


1 


27 1 v,u|, 26 




PUBLIC 
RESERVE 

/60R 


1 e... 11 




2 S^.6-6fl >#y#^ 




3 /MM^^ 




^ iSB.So.^,^^^/J^<^ 




s .....,JI^^ 1 




6 


73^-0 fiJfj^ . ^iVl\.tt 1 




7 ,„.,ff CI^OGH.- , 


33 


8 


73 - 1% 




PUBLIC 
RESERVE; J 
J60ff 


^''T'W ^ m. ^^' 22 

STEPHENSON^^^ '^'^ 




'0 e.«.^ 2. 




" "^ a.. 




as. /? 


12 #f 5' »» 73^«. 


4 


13 


e^ fii %m ^ 7&t. 1® 




ys 33 f 


14 ^,^V 17 




15 


es-? i^at es, 7o>-/9. 



35 



TWO MILES SQUARE RESERVE 



202 



OHIO LANDS 

A town was laid out on the east bank of the river 
and named "Croghanville" in honor of Colonel 
Croghan. It subsequently became a part of Lower 
Sandusky and that name was changed later to 
Fremont 

While the reserve is but a small part of all the 
land in Ohio, it is, nevertheless, an original survey 
and is subdivided upon a plan independent of that 
used in the subdivision of the surrounding land. It 
has neither townships nor ranges. It was originally 
subdivided in 1807, by William Ewing, under the act 
of 1805; ^^^ into four sections which were numbered 
from one to four by beginning with number one in 
the northeast corner and numbering around to the 
left, as the quarter townships are numbered in the 
United States military tract ; while Joseph Wampler, 
in 1816; in compliance with the act of that year, ^^^ 
resurveyed the exterior lines, laid off three hundred 
and ten inlots and sixty-three out-lots for the town 
of Croghanville, and set off two 'Tublic Reserves" of 
one quarter section each. He also divided the island 
in section number one into two equal parts, and sub- 
divided the balance of the reserve into twenty-two 
"Fractional Sections," having one front on the river, 
and containing as nearly as possible, eighty acres 

(2) 3 L. U. S., 670; 3 U. S. S. L., 343. 

(3) 6 L. U. S., 101; 3 U. S. S. L., 308; 23 L. 0., 33; 43 L. O. L., 

433 

203 



OHIO LANDS 

each. None of the subdivisions included the bed of 
the river, which, however, was relinquished to the 
city of Fremont in 1870. <^> The lots and fractional 
sections were directed to be sold at public auction by 
the register of the land office at Wooster, provided, 
however, that none of the inlots should be sold for 
less than $20.00, the outlets for less than $5.00 per 
acre, or the fractional sections for less than $2.00 
per acre; and that such as may not have been sold 
within seven days, were to be disposed of at private 
sale by the register of that office, according to the 
provisions for the sale of other public lands. 

The secretary of the treasury, under authority 
of the act of 1816, '^^^ selected inlots numbered 163, 
165, 167, 169, 171,, 173, 175, 177 and 179, and outlets 
numbered 10 and 11 m Croghanville for the benefit 
of the schools v/ithin the reserve; ^^^ and the auditor 
of Sandusky county was authorized to sell them by 
special acts of the legislature. ^^^ 

(4) 16 U. S. S. L., 23. 

(5) L. L. 0., 161. 

(6) 31 L. O. L., 32; 32 L. O. L., 325. * 



204 



CHAPTER 19 

THE MORAVIAN TRACTS. 

In Tuscarawas county there are three tracts of 
land containing four thousand acres each, which con- 
stitute surveys independent of the United States 
Military Survey surrounding them. They are 
known as the "Moravian Tracts," and, by their in- 
dividuality as separate surveys, they will forever be- 
speak their association with the earliest efforts to 
establish settlements within the present bounds of 
Ohio. 

On these tracts, one hundred and fifty years ago, 
resided the Moravian Indians. These Indians were 
not a tribe, as their name might suggest, but were In- 
dians converted to Christianity by the missionaries 
of the Moravian Church, who, since its organiza- 
tion under that name in 1727, had been active in 
missionary work, 

205 



OHIO L A N D S 




THE SCHOENBRUN TRACT 



2()(; 



OHIO LANDS 

The Moravian Church derived its name from the 
valley of Moravia lying within a province of that 
name in the northern part of Austria, where a few 
families had preserved the traditions of their fathers 
who had come from Bohemia where they had or- 
ganized, about the year 1427, a religious society call- 
ed the "Bohemian Brethren." 

The early activities of the Moravian mission- 
aries in America abound in historic incidents. By 
their quiet, humble labor they gained and kept the 
confidence of the Indians and accomphshed more, 
perhaps, than any other organization toward estab- 
lishing peace with the red man. 

Missionaries from the main branch of this 
church in America, located at Bethlehem, Pennsyl- 
vania, visited, in 1761, the Indian villages on the 
Muskingum river near where the "Great Trail, ' ' run- 
ning east and west, crossed the trail running north 
and south over the much traveled portage to the 
Cuyahoga river. There these missionaries estab- 
lished themselves and thus planted the germs of 
civilization in the northwest territory. But on ac- 
count of the enmity of the Indians living to the 
northwest, and the jealousy of the French who then 
regarded Ohio as belonging to them, little progress 
v/as made by the missionaries until May 1772, when, 
with five Indian families from Pennsylvania, they 

207 



OHIO 



LANDS 



:tiZ9-9f^ 




CHAPTER 11 

THE CONNECTICUT WESTERN RESERVE 

In 1606, King James I gave the Plymouth Com- 
pany, or the "Second Colony," as it was sometimes 
called, ^^^ a charter or license, to make settlement 
upon any part of North America lying between the 
38th and 45th parallels of north latitude. This 
company made several attempts to establish a settle- 
ment, but all resulted in failure. Its first vessel 
carrying settlers, sent in August, 1606, was captured 
by the Spaniards, while other vessels sent later were 
so badly damaged by storms as to be compelled to re- 
turn. Other difficulties, of which many were proper- 
ly attributed to the jealousy of its rival, the London 
Company, also beset the Plymouth Company, both at 
home and in America. 

Much time was spent in making and unmaking 

(1) The Virginia Military Tract; A. C. C. O. L., 3783; 
5 Arcli 1. 

145 



OHIO LANDS 

plans for colonization, and the name of the company 
was changed, in 1618, to "The Council of Plymouth," 
which consisted of forty of the most wealthy and in- 
fluential men in England. In 1620, King James 
granted this new organization a charter ^2) for all 
the land lying between the 40th and 48th parallels of 
north latitude and extending from ocean to ocean, to 
be held in fee simple, and conferred almost unlimited 
power in the forty persons to whom the charter was 
issued. However, while plans for colonization were 
being made in England by the members of the new 
company, a permanent settlement upon the territory 
granted that company was made by the Pilgrims, 
who, in 1620, landed upon Plymouth Rock without 
the consent, or even the knowledge, of the king or of 
the members of the companies to which these 
charters had been given. 

The history of Connecticut proper, however, be- 
gan, in 1630, when the Council of Plymouth granted 
territory, including that state, to the Earl of War- 
wick, who, in March of the following year, trans- 
ferred it to Lord Say-and-Seal and others. ^^^ Settle- 
ments were made at Hartford, Windsor and 
Wethersfield by colonists from Massachusetts, and; 
provisional government was established under a 
commission granted, in 1635, by the General Court of] 



(2) A. C. C. O. L., 1827 

(3) 1 L. U. S., 464, note 



146 



OHIO LANDS 

that state. ^^^ In 1638, these settlers formed a volun- 
tary compact, or constitution, and chose a governor. 
(^) Civil government was begun shortly thereafter at 
Hartford, and was known as the "Hartford Colony." 
Meanwhile, a settlement had been made also at New 
Haven where a "Fundamental Agreement," or con- 
stitution, was adopted, in 1639, ^^^ and civil govern- 
ment established. This latter settlement was known 
as the "New Haven Colony. ' ' These colonies main- 
tained separate governments until 1665, when they 
joined in the acceptance of the charter of 1662 and 
became united into one colony. ^^^ 

The v/ar of 1651 between England and Holland, 
however, left the people of Connecticut in doubt as 
to their charter rights. A charter was prepared 
and taken to England by John Winthrop (the 
younger) and King Charles II signed it, in April, 
1662, ^^) without change or modification. This 
charter constituted Mr. Winthrop and others a body 
corporate by "The Name of Governor and Company 
of the English Colony of Government in New 
England in America," with perpetual succession, and 
gave them all that part of New England "bounded on 



1 L. U. S., 464; 10 Arch., 105 

147 



(4) 


A. C. C. 0. 


L., 519 


(5) 


C. C. U. S., 


, 249 


(6) 


A. C. C. 0. 


L., 523 


(7) 


A. C. C. 0. 


L., 529 


(8) 


A. C. C. 0. 


L., 529 



OHIO LANDS 



^/V^— ^ 




CLAIM 

OF 

CONNECTICUT 

UNDER 

CHARTER OF I6G2 



U8 



OHIO LANDS 

the east by the Narragansett river commonly called 
Narragansett Bay where said river falleth into the 
sea; on the north by the line of the Massachusetts 
Plantation ; on the south by the sea ; and in longitude 
as the line of Massachusetts Colony ran from the 
east to the west, that is to say from Narragansett 
Bay on the east to the south sea on the west." In 
1687 King James 11. attempted to recall this charter 
but the colonists refused to surrender it, and it was 
recognized again in 1689, after the accession of 
William and Mary. In 1776, the people of Connecti- 
cut based their declaration of rights upon the charter 
of 1662 and continued it in force as the organic law 
of the state. (») 

As the south and the north boundary lines of the 
tract, as described in the charter of 1662, correspond 
virtually with the 41st and 42nd parallels of north 
latitude, respectively, Connecticut claimed all the 
land lying between those parallels, west to the 
Mississippi river, except that part granted to the 
Duke of York. Pennsylvania, however, in 1782, 
contested this claim as to the land lying between the 
Delaware river and her western boundary, and was 
sustained by a federal court sitting at Trenton, New 
Jersey. ^^^^ 

In accordance with the recommendation of the 

(9) C. C. U. S., 257 
(10) 2 Arch., 475; 11 O. R. 475; 13 O. R., 430. 

149 



OHIO LANDS 

Continental Congress of September 6, 1780, (^^^ (act 
not found in journals) that all colonies owning waste 
land cede them to the United States, Connecticut, in 
October of that year, agreed to relinquish that part 
of such land claimed by her under the charter of 
1662, ^12) but exacted conditions which Congress 
failed to accept, and the proposition was withdrawn 
in January 1783. (i^) 

By authority of a resolution of Connecticut of 
May 26, 1786, ^^^^ the delegates in congress from that 
state, in September of that year executed to the 
United States a deed of release and cession of the 
right of Connecticut to all the land lying west of one 
hundred and twenty miles west of the west line of 
Pennsylvania, and north of the 41st parallel of lati- 
tude. Congress accepted the deed the following 
day. (14) 

As the jurisdiction of Connecticut over her 
western reserve, as well as her title to the land itself, 
was as complete as that over her own state, it was 
evident that the reserve could not become a part of 
the new state then expected to be established north- 
west of the Ohio river. It, therefore, soon became 
desirable that the jurisdiction be released to the 

2 Arch., 285 



150 



(11) 


1 L. U. S.. 472; 


(12) 


2 Arch., 287 


(13) 


2 Arch., 288 


(14) 


1 L. U. S., 484 



OHIO LANDS 

United States. Besides, question arose as to the 
title of the United States to the land within the re- 
serve acquired by the treaty v/ith Great Britain and 
the deeds from New York and Massachusetts. Few, 
therefore, cared to buy the land thus reserved by 
Connecticut. Whereupon the president was author- 
ized by the act of April, 1800, <^^) to convey to Con- 
necticut all the right, title and interest of the United 
States to the soil of the reservation, provided that 
state, within eight months, should renounce all 
claims under any grant or charter, to its jurisdiction 
and also to the soil and jurisdiction of that lying to 
the west. Connecticut promptly agreed to this, and 
the governor accordingly executed a deed to the 
United States under date of May 30, 1800. (i^) 

New York and Massachusetts also claimed some 
right to this western land. The claim of New York 
seems to have been based upon the extension of fhe 
rights granted James Duke of York by his brother. 
King Charles II, by the charter of 1664, ^^^^ to include 
jurisdiction over the territory of the "Six Nations" 
which that state assumed to assert after the com- 
mercial treaty with the Indians at Albany in 1722; 
while the claim of Massachusetts was based upon the 
charter of 1691, ^^^^ given by William and Mary to 

(15) 3 L. U. S., 364 

(16) 1 L. U. S., 485 

(17) A. C. C. O. L., 1637; 1 L. U. S., 464 

(18) A. C. C. O. L., 1870; 1 L. U. S., 454 note, 462 

151 



OHIO LANDS 

the Massachusetts Bay Colony. By act of the legis- 
lature of February 19, 1780, the delegates in congress 
from New York were authorized to convey to the 
United States all the claim of that state to this 
western land, and a deed was accordingly executed 
March 1, 1801. '"^^'^ By act of the General Court of 
Massachusetts of 1784, the delegates in congress 
from that state were empowered to release to the 
United States all the rights of Massachusetts to the 
land lying between the Hudson and the Mississippi 
rivers. A deed was accordingly executed and ac- 
cepted April 19, 1785. ^^o) 

Meanwhile, Connecticut endeavored to sell her 
western land thus reserved. In 1786, the legislature 
provided for its survey into townships of six miles 
square and appointed a committee to sell it. No at- 
tempt, however, was made to carry out this plan or to 
sell the land, until after the "Sufferers' Lands," 
known as the "Fire Lands,'' had been set off. ^^^^ In 
May 1793, the legislature appointed a committee of 
eight, one from each county in the state, to sell all 
the reserve, except the five ranges set off the west 
end to compensate those who had suffered loss by fire, 
and provided that the money "arising from the sale, 
should constitute a perpetual fund of which the in- 
terest should be appropriated to the use of the 



(19) 1 L. U. S. 467 

(20) 1 L. U. S., 482 



15i 



OHIO LANDS 

several ecclesiastical societies, churches or congrega- 
tions of all denominations in the state, and to be ap- 
plied by them to the support of their respective 
ministers and schools of education under such regu- 
lations as should be adopted by the general 
assembly. ^'^^^ 

The attempt to make the churches trustees of 
the fund, precipitated much discussion and nothing 
was accomplished until May 1795, when the legisla- 
ture repealed the act of 1793, appointed a committee 
to sell all this land except that part given the "Fire 
Sufferers," and provided that the proceeds should 
constitute a perpetual fund of which the interest 
should be applied to the support of the schools of 
Connecticut. ^^^^ 

The land was sold August 12, 1795, for $1,200,- 
000.00 to seven persons, who, as agents, represented 
a large number of the inhabitants of Connecticut, 
and who were known as the "Connecticut Land 
Company." (^o) 

In 1843, the legislature of Ohio ^^^^ requested 
the legislature of Connecticut to deliver to the 
recorder of Trumbull county all original, or certified 
copies of, papers connected with the business of the 
Connecticut Land Company and deposited with the 
secretary of that state by the legal representatives of 

(21) 41 L. O. L., 260 

153 



OHIO LANDS 
PENNSYLVANIA .,,,.,.,.. 




154 



OHIO LANDS 

Ephraim Root, formerly clerk of that company. 
Accordingly, the original draft book is to be found 
at Warren, in the office of the recorder of Trumbull 
county. 

That part of the reserve lying east of the Cuya- 
hoga river was cleared of the Indian title by the 
treaty of Greenville in 1795; ^^^^ while that to the 
west was cleared by the treaty of Fort Industry, in 
1805. (2^^ The United States compensated the In- 
dians for their title released under the former treaty, 
but the Connecticut Land Company and the Proprie- 
tors of the Sufferers' Land, joined in the latter treaty 
and paid the Indians four thousand dollars in cash, 
and agreed to pay the further sum of twelve 
thousand dollars in six annual installments of two 
thousand dollars each, and an annuity of one hun- 
dred and seventy-five dollars. 

By reason of its being west of Connecticut, this 
reserve was naturally referred to by the inhabitants 
of that state, as "New Connecticut," "The Western 
Reserve," "The Western Reserve of Connecticut," 
and, "The Connecticut Western Reserve. " ^^^^ It is, 
however, now referred to, usually, by the latter 
name. It is located in the northeast corner of Ohio 
and contains about 3,840,000 acres, including the 
"Fire Lands." 

(22) 1 L. IT. S., 398; 7 U. S. S. L., 49. 

(23) 1 L. U. S., 409; 7 U. S. S. L., 87. 

155 



^ 



OHIO 



LANDS 



All the reserve, including the "Fire Lands," con- 
stitutes one original survey known as "The Connecti- 
cut Western Reserve Survey," and has been sub- 
divided into townships of five miles square, each con- 
taining sixteen thousand acres, except those border- 
ing along Lake Erie. The ranges are numbered 
west from the Pennsylvania, or Ellicott's line, from 
range number one to twenty-four, while the town- 
ships are each numbered north from the forty first 
parallel of north latitude, or from the south line of 
the reserve. 



3 2 

4 1 



The townships have been variously subdivided. 
No one plan seems to have been followed very gen- 
erally, except in ranges twenty, twenty-one, twenty- 
two, twenty-three and twenty-four, known as the 
"Fire Lands," where they have been subdivided into 
quarter townships of two and one-half miles square, 
containing four thousand acres each, and numbered 
from one to four by beginning with number one in 

15G 



OHIO LANDS 

the southeast corner of the township and numbering 
north, west and south to number four in the south- 
west corner. These quarter townships are usually 
designated as the "first," "second," "third" and 
"fourth" quarters, respectively. 



157 



CHAPTER 12 

BETWEEN THE MIAMI RIVERS. (^^ 

All the land lying between the Great and the 
Little Miami rivers in the southwestern part of the 
state constitutes an original survey, and, since it is 
not based upon any meridian of longitude, it is call- 
ed "Between the Miami Rivers" Survey. Yet whilaj 
it has been subdivided into townships, ranges and 
sections upon the rectangular plan, it has been don: 
upon a basis quite different from that employed] 
elsewhere thruout the United States. This is es- 
pecially so in denominating the six miles square I 
rectangles, townships as progression is made in num- 
bering them to the east or west, and calling them 
ranges as progression is made north or south, thus 
reversing the rule universally employed elsewhere] 
and making it the one exception. 

This system, or plan, was adopted by Judgej 
SjnTimes when surveying his purchase off the south 

(1) 12 O. L. R., 577, 5^8; 13 O. L. R., 501. 
■ 158 



AUGLAIZE 




BETWEEN 

«^» THE ■ 

MIAMI RIVERS 



OHIO LANDS 

end of the tract. Obviously his reason for using 
the term "range" for the rows of townships to the 
north or to the souths was that the two Miami rivers, 
between which his tract laid, diverged so much to the 
east of any meridian of longitude that a meridional 
base could not be had from which to enumerate the 
rows, or ranges, of townshijDs to the east or to the 
west, as had been done in the seven ranges ; and, as 
the north line of the tract for which he received a 
patent was the only boundary line coinciding most 
nearly with the cardinal points of the compass, that 
line furnished him the only available base from which 
to enumerate the rows, or ranges, of townships. Ac- 
cordingly he adopted it for that purpose and divided 
the space south to the Ohio river into five rows of 
which each was six miles in width, except the last, 
and called them "ranges." These rows, or "ranges," 
were subdivided into townships, or fractions of town- 
ships as the irregularity of the two Miami rivers 
made it necessary, and numbered from the Great 
Miami river, which was assumed as the base, east to 
the Little Miami, The townships were subdivided 
into thirty-six sections each and numbered by be- 
ginning with number one in the southeast corner as 
required by the land ordinance of 1785 ^2) and con- 
firmed by the act of 1796. (2) 

(2) 1 L. U. S., 563. 

(3) 2 L. U. S., 533; 1 U. S. S. L., 464. 

100 



OHIO LANDS 

Therefore, what are invariably termed ranges 
elsewhere are denominated "townships" between the 
Miami rivers. They are numbered from the Great 
Miami river east to the Little Miami, and as pro- 
gression is made east or west these original surveyed 
tracts are termed townships ; while the tiers, or rows, 
of townships to the north or south are termed 
"ranges," and are numbered from the south to the 
north. These range numbers, however, as might be 
supposed, do not begin from the Ohio river, but 
instead, from a point about the width of a township 
and one-half north of that river. The intervening 
divisions are termed "fractional ranges," and are 
numbered one and two, respectively, north from 
that river, while those to the north, to the Green- 
ville treaty line, are termed "entire" ranges and be- 
gin with number one immediately north of "frac- 
tional" range two. 

Why Judge Symmes began with "entire" range 
number one so far north of the Ohio river, which was 
the southern base of his purchase, is not now known. 
The understanding, however, is that these two 
southern ranges, or, rather, parts of ranges, were 
called "fractional range one," and "fractional range 
two," because the Ohio river, which forms the 
southern boundary of the tract purchased by Judge 
Symmes, cuts, or indents, from the south, into each 
of the two so called "fractional" ranges; and, there- 

161 



OHIO LANDS 

fore, since neither extends six full miles from that 
river, they were designated as ''fractional" ranges 
to distinguish them from the "entire" ranges with 
which such southern base, or river, did not so inter- 
fere. 

A similar plan, it will be observed, was applied 
in numbering the townships in the eighteenth range 
of the Ohio River Survey, where the first part, or 
fraction of a township on the Ohio river, is termed 
"fraction township one," while the next part of a 
township to the north in the same range, is termed 
"township one," and becomes one of the consecutive 
numbers which follow. 

The balance of the land between the Miami 
rivers, the Ludlow line and the Greenville treaty line 
lying north of that purchased by Judge Symmes was 
subdivided in 1802 into ranges, townships and sec- 
tions by the surveyor general under the acts of March 
2, 1799 and May 10, 1800. ^4) In doing so he had his 
deputV; Israel Ludlow, survey a line from the source 
of the Little Miami river to that of the Scioto, since 
known as the "Ludlow Line," to determine the 
division between this tract and that reserved by Vir- 
ginia, ^^^ and subdivided all to the west of that line 
and south of the Greenville treaty line, into town- 
ships, ranges and sections. He continued to num- 
ber the townships east from the Great Miami river, 

(4) 3 L. U. S., 264, 385; 2 U. S. S. L., 73. 

(5) See The Virginia Military Tract. 

162 



OHIO LANDS 

the ranges north from Judge Symmes' tract, and the 
sections by beginning in the southeast corner as re- 
quired by the land ordinance of 1785, in all respects 
as was begun by Judge Symmes, notwithstanding 
the act of 1796. ^^^ This latter act, however, except- 
ed from its application all lands "appropriated for 
satisfying military land warrants, and for other pur- 
poses." As all this tract to the Greenville treaty 
line had been set aside prior to 1796, to be used to 
comply with the terms of the contract with Judge 
Symmes, ^^^ it was, of course, excluded from that act, 
and was required to be subdivided according to the 
land ordinance of 1785. 

A number of islands in the Great Miami river 
evidently were not considered to have been included 
in the patents issued by the government. Accord- 
ingly, Congress in 1868, '-^^ passed an act permitting 
the persons actually and exclusively occupying these 
islands to enter them at $2.50 per acre and receive a 
patent, if proof and application were made within 
one year; while the legislature of Ohio, in 1870, ^^^ 
provided that such occupants, their heirs or assigns, 
might receive a deed from the state upon making 
proof to the auditor of state within six months and 
paying $7.50 per acre. 

(6) 1 L. U. S., 497, note; 2 L. U. S., 270; 1 U. S. S. L., 251; 

9 Wheaton, 469; 22 U. S. S. C. R., 137. 

(7) 15 U. S. S. L., 39. 

(8) 67 L. 0., 17. 

163 



I 



CHAPTER 13 

THE MIAMI RIVER SURVEY. 

The tract of land in southwestern Ohio and in 
southeastern Indiana, lying between the Great Miami 
river and the Old Indian boundar^^, or Greenville 
treaty line, has been subdivided into ranges and 
townships from the first principal meridian which 
coincides with the line dividing the two states. The 
ranges in Ohio are numbered east from that merid- 
ian, while those in Indiana are numbered west. The 
townships in the ranges to the west are numbered 
north from where each respective range intersects 
the Ohio river, while the townships in the ranges to 
the east are numbered north from where each re- 
spective range intersects the Great Miami river. 
Consequently adjacent townships in adjoining 
ranges seldom have similar numbers. 

Two separate surveys of the land in western 

1G4 




THC 

MIAMI RIVER 
SURVEY 



1G5 



OHIO LANDS 

Ohio are based upon this meridian. To avoid con- 
fusion and to make certain the survey of which any 
subdivision in that section of the state may be a part, 
distinguishing names for these surveys have been 
necessary. As the survey to the north, and in which 
the townships are divided by the forty-first parallel 
of latitude, is the most extensive, its ranges are very 
properly referred to as being based upon the first 
principal meridian. Hence its townships are either 
north, or south, of range — , east of the first principal 
meridian. Another name, therefore, was neces- 
sarily required for the survey to the south; and, 
since its townships are numbered from the Great 
Miami river, it is very properly termed "The Miami 
River Survey." 



100 



CHAPTER 14 

THE MICHICxAN SURVEY. 

A strip of land in the extreme northwest corner 
of Ohio, about seven miles in width, north and south, 
by about seventy-five miles in length, east and west, 
is a part of a tract of land composing all of Michigan 
and a part of Wisconsin, and constituting one sur- 
vey. This tract is subdivided from the Michigan 
meridian and the survey, therefore, is termed "The 
Michigan Survey." Consequently, the land in that 
part of Ohio is referred to as being of that survey. 

The extension of the Michigan survey into Ohio 
was the result of the contending claims of Ohio and 
Michigan as to the location of the line separating 
those states; Ohio claimed to its present boundary, 
while Michigan claimed south to the south line of the 
Michigan survey. The cause of this controversy 
had its origin in the ordinance of 1787, when it was 
provided that "if Congress shall hereafter find it ex- 

1G7. , 




in 
m 

I 



I 

u 



Ss 



168 




169 



OHIO LANDS 

pedient, they shall have authority to form one or two 
states in that part of the said territory which lies 
north of an east and west line drawn through the 
southerly bend or extreme of Lake Michigan." ^^^ 

At this time the topography of this country was 
little known, and definite maps were not to be had. 
A map made, in 1755, by John Mitchell, of Virginia, 
was then considered the most reliable. It was copied 
extensively by other map makers, and used by con- 
gress when planning legislation for the western 
territory. Mitchell's map indicated "the southerly 
bend or extreme of Lake Michigan" to be at a lati- 
tude north of Lake Erie, and, consequently, it was 
assumed that a due east line from such "southerly 
bend or extreme of Lake Michigan" would intersect 
Lake Erie, north of its western extremity. 

The act of 1802, enabling Ohio to become a state, 
defined its north boundary to be "an east and west 
line drawn through the southerly extreme of Lake 
Michigan, running east until it shall intersect Lake 
Erie." '^^ However, while the constitutional con- 
vention was in session, the accuracy of the maps was 
doubted, and question arose as to what point on Lake 
Erie a line east from the southern extremity of Lake 
Michigan would strike. Therefore, since all maps, 

(1) 1 L. U. S.. 475. 

(2) 3 L. U. S., 496; 2 U. S. S. L.. 173. 

170 



OHIO LANDS 

then known, indicated that such line would strike 
north of the western extremity of Lake Erie, and 
feeling that the new state should include such 
western extremity, that convention provided in the 
constitution that "if the southerly bend or extreme 
of Lake Michigan should extend so far south, that a 
line drawn due east from it should not intersect Lake 
Erie east of the mouth of the Miami river of the 
Lake, then with the assent of congress, the northern 
boundary of this state shall be established by, and 
extend to, a direct line running from the southern 
extremity of Lake Michigan to the most northerly 
cape of the Miami Bay." ^^^ In 1803, Congress ap- 
proved the constitution and admitted Ohio into the 
union without determining its northern boundary. ^^^ 

Ohio, however, was not content to allow the lo- 
cation of such boundary line to remain in doubt, and 
from 1807 to 1811, the legislature passed several reso- 
lutions requesting congress to determine the mat- 
ter. (^) Accordingly, in May of 1812, the surveyor 
general was directed to survey and mark "so much 
of the boundary line as runs from the southerly ex- 
treme of lake Michigan to lake Erie, particularly 
noting the place where the said line intersects the 
margin of said lake," and to return a plat of it to 

(3) Section 6, Article 7; 18 L. O. K, 151. 

(4) 3 L. U. S., 524. 

(5) 5 L. O., 143; 7 L. 0., 225; 10 L. O., 191. 

171 




?^ 



If 







GO 



lomvi IVdlDNIMd XSVIJ 



OHIO LANDS 

congress. ^^^ But on account of the hostilities of the 
Indians and the war with Great Britain, arrange- 
ments to make the survey were not made until the 
fall of 1816 when William Harris was employed to do 
so. Mr. Harris, acting under the interpretation of 
its location as given by the constitution of Ohio, sur- 
veyed and located, in June and July of 1817, the 
boundary line as running from a willow tree eleven 
inches in diameter, on the north cape of the Maumee 
bay, south 87° 42' west, directly toward the southern 
extremity of Lake Michigan, until it intersected the 
line between Ohio and Indiana; and which line, as 
thus established, the legislature affirmed in January 
of 1818. (7) 

Upon learning the result of this survey. Gover- 
nor Cass of Michigan protested, claimed the line 
should have been surveyed due east from the 
southern bend of Lake Michigan, as stated in the or- 
dinance of 1787, ^^) and prevailed upon President 
Monroe to direct a survey of the line to be made in 
that manner. John A. Fulton was engaged to make 
the survey and, in 1818, located a line running east 
from the southern bend of Lake Michigan. 

While plats of both surveys were transmitted to 
congress, in 1820, that body affirmed neither, and 

(6)- 4 L. U. S., 434; 2 U. S. S. L., 74. 
(7) 16 L. O., 205. 

173 



OHIO LANDS 

took no action in the matter until 1832, when the 
president was directed to ascertain the latitudes and 
longitudes of, "the southerly extreme of Lake Michi- 
gan; the point on the Miami of the Lake, which is 
due east therefrom ; the most northerly cape of the 
Miami bay; the most southerly point in the northern 
boundary line of the United States in Lake Erie and 
the points at which a direct line drawn from the 
southerly extreme of Lake Michigan to the most 
southerly point in said northern boundary line of the 
United States, will intersect the Miami river and 
bay." w 

Meanwhile Michigan endeavored to gain admis- 
sion into the union, but, claiming territory to the line 
running due east from the southern extremity of 
Lake Michigan, according to the ordinance of 1787, 
was opposed by Ohio. As Ohio had electorial votes 
and Michigan, being a territory, had none, the appli- 
cation of Michigan assumed political significance, 
and it was said that "everybody courted Ohio." Be- 
sides, the claim of Michigan likewise affected In- 
diana, and, perhaps, Illinois, and those states sided 
with Ohio in opposition to the admission of Michigan. 

Finally, in 1836, a compromise was effected and 
Michigan was given some nine thousand square miles 
north of Lake Michigan for the territory of less than 

(8) 8 L. U. S., 705. 

174 



I 



OHIO LANDS 

one thousand square miles taken by Indiana, and by 
Ohio between the Harris and the Fulton lines. The 
bill pending for the admission of Michigan and that 
establishing the boundary line between that state 
and Ohio were united, Michigan was admitted as a 
state, and "a direct line drawn from the southern ex- 
tremity of Lake Michigan, to the most northerly 
cape of the Maumee (Miami) bay," as surveyed by 
Harris, was established as the boundary line be- 
tween those states. ^^^ 

The Harris line, running obliquely through the 
land already subdivided as part of the Michigan sur- 
vey, of course, ignored all lines and ran through the 
sections. Sixty-six miles of this line, extending from 
the Indiana line east for eleven townships, were re- 
surveyed and relocated in 1837, and the remaining 
four miles in the ninth township of the eighth range 
were resurveyed and relocated in 1842. In 1915 
the entire line was resurveyed and relocated and 
marked with seventy-one large granite posts set in 
beds of concrete, by a joint commission of the two 
states. ^10) 

(9) 9 L. U. S., 376, 391; 5 U. S. S. L., 49, 56; 33 L. O. L., 

92, 437, 446; 19 O. R., 239; 20 O. R., 283. 

(10) See "The Ohio-Michigan Boundary," by Professor C. 
E. Sherman of the Ohio State University. 



175 



CHAPTER 15 

THE FRENCH GRANTS 

The French Grants were the result of an effort 
upon the part of the general government to right a 
wrong suffered by a number of French people who 
endeavored to purchase and settle on lands within 
the present bounds of the state of Ohio. 

The scheme which defrauded so many French 
people originated when overtures were first made to 
purchase land of the general government. Even 
then, people of honorable intentions found it difficult 
to obtain the attention of Congress without the in- 
tercession of persons too often of mercenary 
motives. So when representatives of the Ohio Com- 
pany of Associates first proposed, in 1787, to pur- 
chase lands northwest of the Ohio river, of the 
Continental Congress, they found it impossible to ac- 
complish their very laudable purposes without first 

17G 



OHIO LANDS 



THE 
FRENCH 
GRANTS 




irr 



OHIO LANDS 

associating themselves with persons of influence 
with Congress. Such influence in this instance, was 
used for selfish purposes, and it was due, undoubted- 
ly, to the highly honorable character of Rev. 
Manasseh Cutler, one of the most active members of 
the Ohio Companj^ that their purchase was not in- 
volved in the scandal subsequently connected with 
the purchase proposed to be made by the Scioto 
Company. 

Before their purchase could be made it became 
necessary, therefore, for the representatives of the 
Ohio Company to associate themselves with Col. 
William Duer. of New York, who was an official of 
the Continental Congress. Col. Duer was a man of 
much means, of a speculative turn of mind, and dis- 
posed to use his official influence to his personal gain. 
The representatives of the Ohio Company, therefore, 
could not command the attention of Congress until 
they had enlisted the aid of Col. Duer and his as- 
sociates, for whom they agreed, secretly, to obtain an 
option on a large tract of land, estimated to be three 
and one-half milHon acres, to be located immediately 
north and west of that which they themselves ex- 
pected to purchase, and extending to the Scioto 
river. 

Upon securing this option a company was form- 
ed called the "Scioto Company," and Col. Duer was 

178 



O II I O I J A N D S 

chosen its president. Joel Barlow, a well known poet 
of the revolution, became interested in the company, 
and, in May of 1788, he was sent to France to sell the 
land. At first he was unsuccessful, but in the sum- 
mer of 1789, with the aid of William Playfair, an 
Englishman, he organized the "Society of the 
Scioto." 

Extensive advertising was engaged in, based 
upon the purported advantages found in this land 
as set forth in an anonymous pamphlet which 
grossly misrepresented the climate and the fertility 
of the soil, and otherwise painted conditions entirely 
too glowing and much beyond those which the facts 
warranted. All these representations, however, were 
endorsed by Colonel Thomas Hutchins, geographer 
of the Continental Congress, who, as a surveyor, had 
spent many years northwest of the Ohio river. 
These extravagant statements were further em- 
bellished by Playfair who was quite unscrupulous 
and cared little whether the facts supported his 
statements or not. Many French people of means 
and influence, and who had never engaged in agri- 
culture of any kind, were thus influenced to purchase 
much of the land for which they were, of course, 
promised good titles. 

Two hundred and eighteen of these purchasers 
left France on February 19, 1791, and landed in 

179 



OHIO LANDS 

Alexandria, D. C. on the third day of May following] 
when they learned that the Scioto Company ownec 
no land anywhere. This situation was occasioned b] 
Col. Duer, who seems to have been the moneyed manj 
meeting with financial reverses so serious as to caus 
him to be committed to prison for debt which pn 
vented his making payment and acquiring the lam 
as he had expected. 

The failure of Col. Duer and his associates left 
the French settlers stranded and entirely dependent 
upon their own resources. Upon receiving some 
funds repaid them by the Scioto Company, the^ 
started for their destination and located upon th( 
present site of Gallipolis, under the impression tha^ 
it was within the territory for which they coul( 
eventually obtain title from the general government; 
but when the survey of the land acquired by th< 
Ohio Company was completed, this settlement was 
found to be entirely within the bounds of that pur- 
chase. 



In December of 1791, and as soon as it was 
possible for them to do so, the directors of the Ohic 
Company arranged to sell to the people of Gallipolis 
the land upon which they had thus settled and made' 
improvements, for $1.25 per acre, which was at that 
time the price of government land, and thus enable 
these settlers to retain their homes. 

180 



() II I O LANDS 

To relieve their distress, Congress, March 3, 
]795, ^^^ granted these people twenty-four thousand 
acres of land in what is now Scioto county, and op- 
posite the mouth of Little Sandy creek. It consti- 
tuted a tract eight miles long, with the Ohio river 
which it joined on the east, and extended something 
over four and one-half miles back from that river. 
Four thousand acres in the southern part were con- 
veyed to John Gabriel Gervais to compensate him for 
his services in obtaining the grant; and the balance 
was divided among all the male persons over eighteen 
years of age, and widows, who were in the town, or 
settlement, of Gallipolis on the first day of Novem- 
ber, 1795. As ninety-two persons thus qualified 
themselves, each, therefore, drew, by lot, a tract con- 
taining two hundred seventeen and two-fifths acres 
for which the president was authorized to issue 
patents. These lots were 'numbered from one to 
rinety-two, and, with the tract given Mr. Gervais, 
constitute the "First French Grant." 

This act also provided that the patents should be 
void and the title revest in the United States should 
Mr. Gervais, or his heirs, personally, fail to settle 
upon the land thus given him, within three years, and 
continue to remain upon it for three years there- 
after; or, should any of the other settlers fail to 

(1) 2 L. U. S. 503; 1 U. S. S. L. 442. 
ISI 



OHIO LANDS 

settle upon his or her respective lot within five years, 
and continue to remain upon it for five years there- 
after. This limitation, however, was removed by 
the act of 1806,. ^^^ which provided that in every case 
where a patent had been issued containing such 
limitation, the limitation should be considered null 
and void and the fee simple title should "vest, to all 
intents and purposes, in the person to whom such 
patent had been issued, his or her heirs or assigns." 

As eight inhabitants of Gallipolis had been pre- 
vented from obtaining their proportion of the land 
granted by the act of 1795, Congress, June 25, 1798, 
'^^ granted them, by name, each a lot containing one 
hundred and fifty acres, and directed the surveyor 
general to survey and subdivide twelve hundred 
acres, beginning on the bank of the Ohio river at the 
lower corner of the first tract, into eight lots of one 
hundred and fifty acres each. The lots were num- 
bered from one to eight and constitute the "Second 
French Grant." 

Many of these settlers were reluctant to lose 
their labor expended at Gallipolis, and, therefore, 
acquired land from the Ohio Company; while some 
sold their shares in the grants, and others sent 
tenants to live upon the land thus given them. A 

(2) 4 L. U. S. 4; 2 U. S. S. L. 350. 

(3) 3 L. U. S. 68; 6 U. S. S. L. 35. 

182 



OHIO LANDS 

large part of the original settlers, however, remain- 
ed at Gallipolis, while comparatively few actually 
settled upon the grants. 

No reservation having been made of land within 
these grants for the support of their schools, Con- 
gress, May 20, 1826, ^^^ authorized and directed the 
secretary of the treasury to select one and one 
quarter sections of land elsewhere for that purpose. 
Accordingly the west half of section No. 26, the east 
half of section No. 27 and the northeast quarter of 
section No. 34, in town No. 3 of range No. 18, were 
selected. ^^^ 

(4) 7 L. U. S. 491; 4 U. S. S. L. 179. 

(5) 16 O. St. 11; 31 O. St. 301; 51 L. O. 528. 



is;] 



CHAPTER 16 

THE EBENEZER ZANE TRACTS 

In pioneer days road building was a proposition 
quite different from that of the present day. It then 
consisted usually of simply blazing or marking trees] 
along the proposed roadway through the virgin] 
forest, and thus only indicating a line of travel there- 
after to be followed. It was known as a "Trail," 
"Trace," and required few tools other than thej 
faithful axe. 

Among the early roads of this character was 
that known as "Zane's Trace." '^^ It was about two] 
hundred miles long and was opened, in 1797, by| 
Colonel Ebenezer Zane, from Wheeling, West Vir- 
ginia, through Ohio by the way of Zanesville, Lan- 
caster and Chillicothe, to Mays Wile, Kentucky, then 
known as "Limestone," under a contract made by 

(1) 13 Arch. 297. 

184 



OHIO LANDS 



United 




EBENEZER ZANE'S SURVEY 
ON THE MUSKINGUM RIVER 



185 



OHIO LANDS 

Col. Zane with the general government, whereby he 
was given the privilege of selecting, or, rather 
locating, three sections of land. 

Col. Zane was a descendant of a Mr. Zane who 
came over with William Penn, and was of a long line 
of progressive pioneers who continually pressed 
developments westward. He was born October 7, 
1747, in Berkeley county, Virginia, and died, in 
1812, in Wheeling, where he had made the first per- 
manent settlement on the Ohio river in 1770, and 
had since resided. He was one of a family of five 
brothers whom he led in all their enterprises. Being 
a man of wealth, general knowledge, initiative and 
much influence, he was naturally an originator of 
enterprises and a leader of men. His brother 
Jonathan, who had already traveled much over a 
considerable part of Ohio, however, was an able 
lieutenant. 

Having, with keen foresight, settled on the Ohio 
river at a point so advantageous to travel from the 
east. Col. Zane naturally conceived the further ad- 
vantage of also continuing his activities across the 
river westward through the new country, and thus 
making his original location at Wheeling, the junc- 
tion for still other avenues of trade and travel beside 
that already upon the river. His enterprise and in- 
dustry in endeavoring to open the new country for 

18G 



OHIO LANDS 




EBENEZER ZANE'S SURVEY 
ON THE HOCKING RIVER 



187 



OHIO LANDS 

settlement, and particularly his experience in blazing 
a roadway from Brownsville to Wheeling, eminently 
fitted him for the duty of locating a line of travel 
through the western country, and enabled him 
readily to command the attention of congress when 
he petitioned that body, in March of 1796, for per- 
mission to open the roadway. On the 6th of April 
following, the senate committee to which his petition 
had been referred, reported : 

"That the petitioner sets forth that he hath at 
considerable expense, explored and in part opened a 
road, northwest of the river Ohio, between Wheeling 
and Limestone, which when completed will greatly 
contribute to the accommodation of the public as 
well as individuals. But that several rivers inter- 
vening, the road proposed cannot be used with safety 
until ferries shall be established thereon. 

"That the petitioner will engage to have such 
ferries erected provided he can obtain a right to the 
land which is now the property of the United States. 
And therefore prays that he may be authorized to 
locate and survey — at his own expense — military 
bounty warrants upon as much land at Muskingum, 
Hockhocking and Scioto rivers as may be sufficient 
to support the necessary establishments. And that 
the same be granted to him by the United States. 

188 



OHIO LANDS 




EBENEZER ZANE'S SURVEY 
ON THE SCIOTO RIVER 



189 



OHIO LANDS 

"That they having received satisfactory sup- 
port of the above statement are of opinion that the 
proposed road will be of general utility, that the 
petitioner merits encouragement and that his peti- 
tion being reasonable, ought to be granted. 

"The committee therefore submit the follov^ing 
resolution : 

"Resolved, That the petition of Ebenezer Zane 
is reasonable; that he be authorized to locate war- 
rants granted by the U. S. for military services upon 
three tracts of land, not exceeding one mile square 
each, at Muskingum, Hockhocking and Scioto where 
the proposed road shall cross those rivers, for the 
purpose of establishing ferries thereon; and that 
leave be given to bring in a bill for that purpose." ^^^ 

The proposition of Colonel Zane and the report 
of the committee recommending its acceptance, re- 
sulted in the act of May 17, 1796, ^2) by which he was 
given three tracts of land of one square mile each: 
One on the Muskingum river, one on the Hockhock- 
ing and one on the Scioto, conditioned that he survey 
them at his own expense ; return plats of them to the 
treasurer of the United States ; deliver United States 
military land warrants to the amount of the number 
of acres ; establish ferries at each of the three rivers ; 

(4) American State Papers, Miscellaneous. Vol. 1, page 145. 
(2) 2 L. U. S. 533 ; 6 U. S. S. L., 27. 

190 



I 



OHIO L A >s^ D S 

open the proposed roadway; produce satisfactory 
proof by the first day of January, 1797, that such 
road was opened and the ferries were established, 
and give security that the ferries would be maintain- 
ed during the pleasure of Congress. 

For the three tracts of land to which he was thus 
entitled, Col. Zane selected one on the Muskingum 
river, including the falls for its power of which he 
then saw the value, and on which tract he laid out the 
town of Zanesville, in 1799 ; one on the Hockhocking 
river on which he laid out the town of Lancaster in 
the fall of 1800 ; and, since the land on the west side 
of the Scioto river had been reserved by Virginia, he 
located the third tract on the east side of that river, 
nearly opposite, and about one-half mile north of 
Chillicothe. 

As it was desired to select and locate these tracts 
before the surrounding lands were surveyed into 
sections, townships or ranges, they became no part of 
the rectangular system adjoining, and were neces- 
sarily surveyed and described upon the indiscrimi- 
nate location plan. Consequently each tract oc- 
cupies parts of two or more sections, while that on 
the Muskingum is also within two extensive, original 
surveys. 

The tract at Zanesville lies in .both the Ohio 
191 



OHIO LANDS 

River and the United States Military surveys. It is 
in township twelve of range thirteen and township 
sixteen of range fourteen of the former survey, 
and in townships one of ranges seven and eight of 
the latter survey. That at Lancaster in Fairfield 
county lies in townships fourteen of ranges eighteen 
and nineteen of the Ohio River Survey, while that 
near Chillicothe in Ross county, lies on the east side 
of, and adjoins, the Scioto river in township eight of 
range twenty-one and township one of range twenty- 
two of Worthington's Survey of the Ohio River 
Survey. The patent was issued by President John 
Adams, February 14, 1800. <3) 

While it would appear that Colonel Zane paid 
well for these lands, as land then sold, the important 
advantage he gained by the transaction was the 
privilege of selecting these tracts before the sur- 
rounding lands were surveyed and opened for 
general settlement. He did this, of course, to ad- 
vantage to himself and thereby acquired, at each of 
ihe three important river crossings, a monopoly of 
the ferry business, which, in those early days, was a 
business of much consequence and one well worth 
controlling. 

This "road," so-called, was hastily cut through 
the forest, but with no attempt to make it more than 

(3) Fairfield county Deed Book 52, page 471. 
192 



OHIO LANDS 

passable for horsemen. No survey of it is known to 
have been made and no record of its location is found 
in the general land office, except that a dotted line, 
indicating its general course, was made by the 
government surveyors upon the plats of the original 
subdivision of the land in much of the territory 
through which this trail ran. 

As a highway, however, this trace was of much 
importance, and being used quite generally by emi- 
grants bound for the west, readily diverted much of 
the travel which before then had been by land over 
the Cumberland mountains, through Crab Orchard, 
Kentucky, and by canoes and keel boats down the 
Ohio river. Settlements consequently began at once 
to spring up along this trail which soon proved itself 
a prominent factor in the development of the 
western country. 



11)3 



CHAPTER 17 

THE TWELVE MILES SQUARE RESERVE. 

The first fortification built within the state of 
Ohio by white people was "Fort Miami," established 
in 1680 by PYontenac, the French Governor of 
Canada on the west bank of the Maumee river, then 
called the "Miami of the Lake." It was used as a 
military trading post by the French but a short time 
and then abandoned for a location farther within the 
Indian country. The fort was not rebuilt nor oc- 
cupied again until 1785 when it was taken possession 
of by the British and held by them until the Indian 
treaty of 1795, The British came into possession of 
it again during the war of 1812, and, at the close of 
that war it fell into the hands of the United States, 
which soon abandoned it as a military post. 

The military occupation of this fort, situated so 
advantageously in the heart of the Indian country, 

194 



OHIO LANDS 



17 , 16 I 15 I 14 I 13 I 18 I ^7 lie | 15 | 14 | 13 [ lj8 




TWELVE MILES SQUARE RESERVE 



195 



OHIO LAND S 

was considered of such strategic importance that the 
United States, when concluding the Greenville treaty- 
acquired the Indian title to "one piece of land twelve 
miles square" surrounding the fort. ^^^ This tract is 
located in Wood and Lucas counties, between which 
it is equally divided by the Maumee river, and has 
been the scene of much that is historically interest- 
ing. Within its limits many battles have been 
fought with the Indians as well as also between the 
white men themselves. Near this fort and within 
the reserve General Wayne fought the decisive 
battle of 'Tallen Timbers," defeated the Indians 
and brought about the treaty of Greenville. 

During the alternate occupations of this part of 
the country by the French and the English manj^ 
white persons settled near the fort which afforded 
them protection. When the United States acquired 
the reserve, it was desired to give these occupants 
titles to the lands they had settled upon, and also to 
provide for the sale of the balance of the tract. It 
became necessary, therefore, to subdivide it into 
tracts suitable to meet these requirements. That 
all should be treated justly, Congress, in 1805, ^^^ 
provided that any person claiming any part of such 
land under legal grants derived from the French or 
the British governments, by virtue of actual posses- 



(1) 1 L. U. S., 398; 7 U. S. S. L., 49. 

(2) 3 L. U. S., 596, 670; 2 U. S. S. L., 277, 343. 

196 



i 



OHIO LANDS 

sion and improvement, or for any other account 
whatever, should file with the register of the land 
office at Detroit by November 1, 1805, a statement of 
the nature and extent of his claim together with a 
plat of the tract claimed, and also any grant, order 
of survey, deed, conveyance or other written evi- 
dence. The register and the receiver of public 
moneys of that land office were constituted commis- 
sioners to pass upon the claims and report their find- 
ings to the secretary of the treasury. 

In 1807, ^2) Congress confirmed the report of 
these commissioners and directed that every person 
in the actual possession of any tract of land, in his 
own right, and settled, occupied and improved by 
him p]'ior to the first day of July, 1796, or by some 
other person under whom he claimed the right to its 
occupancy or possession, should be confirmed in his 
title as an estate of inheritance in fee simple, and be 
entitled to a patent for it in the manner provided by 
law for the other lands of the United States. 

In compliance with the acts of 1804, ^^^ and 1805, 
^^^ deputy surveyor Elias Glover, in the latter year, 
made a partial survey of the tract and subdivided it 
into four townships of six miles square each. The 
southwest township was designated number one, the 

(3) 4 L. U. S., 109; 2 U. S. S. L., 437. 

(4) 3 L. U. S., 596; 2 U. S. S. L., 277. 

(5) 3 L. U. S., 670; 2 U. S. S. L., 343. 

197 



OHIO LANDS 

northwest number two, the northeast number three 
and the southeast number four. The tract contains 
no ranges and is denominated by townships only; 
and, being an original survey, it is known as "The 
Twelve Miles Square Reserve." 

Each township was subdivided into thirty-six 
mile square lots, or sections. The sections were 
numbered from one to thirty-six by beginning in the 
northeast corner of the township and numbering 
west, etc., as provided by the act of 1796, *^^ except 
that part occupied by the settlers under the French 
or British, and the sections bordering along the river. 
Under the act of 1816, ^^^ Joseph Wampler surveyed 
the north and the east boundaries and subdivided the 
sections adjoining the river into tracts approximat- 
ing 160 acres each. These were numbered from one 
to ninety-three and were termed "River Tracts"; 
while the parts of sections not used for river tracts 
were termed "Fractional Sections." The boundaries 
of the private claims were surveyed, in 1817, by 
deputy surveyor S. Carpenter. 

By the act of Congress of 1816, ^"^^ section six- 
teen in each township was reserved for the benefit of 
schools within the township. Many special acts of 

(6) 2 L. U. S., 533; 1 U. S. S. L., 464. 

(7) 6 L. U. S., 121; 3 U. S. S. L., 319; 23 L. O. 33; 43 L. O. L., 
433. 

198 



OHIO LANDS 

the legislature, however, have been passed affecting 
these sections. 

In 1835; ^^- section sixteen in township one was 
directed to be subdivided into forty and eighty acre 
lots, appraised and sold at public sale by the auditor 
of Wood county; who should certify such proceedings 
to the auditor of state when deeds would be given 
as provided by the act of 1827. (9) The act of 1835, 
however^ erroneously designated township three in- 
stead of township one, and was corrected in 1836, "^^^^ 
Meanwhile several lots in township one had been sold 
before the error was discovered. To correct such 
error the purchasers of lots Nos. 1, 2, 3 and 9 of 
section 16 in that township, reconveyed them to the 
state; ^^^^ while the treasurer of Wood county was 
directed to bid off in the name of the state, such lots 
in that section as might be offered for sale under 
decree of the Lucas county court. ^^^^ 

Under the act of 1840, the auditor of Lucas 
county was authorized to sell section sixteen in town- 
ship two, at public sale, in half quarter sections, and, 
upon sale, to execute and deliver deeds to the pur- 
chasers. ^^^^ 



(8) 


33 L. 0. L., 206. 




(9) 


25 L. C, 56. 




(10) 


34 L. 0. L., 152. 




(11) 


42 L. 0. L., 99; 43 L. 0. L., 66. 




(12) 


43 L. O. L., 176. 




(la) 


38 L. 0. L., 177; 39 L. O. L., 173; 
68 L. 0., 184; 72 L. 0., 257. 


47 L. 0. L.. 243 



199 



OHIO LANDS 

In 1841, the auditor of Lucas county was direct- 
ed to sell section sixteen in township three, at public 
sale, in half quarter sections and certify the sales to 
the auditor of state when deeds were to be made as 
provided by the act of 1829; '^^ while the commis- 
sioners of thai: county were permitted to select two 
half quarter sections upon which they had erected a 
county poor house, at the average price at which the 
balance of the section should sell. ^^'^^ 

(14) 39 L. O. L., 171; 41 L. O. L., 112. 



'JOO 



CHAPTER 18 

THE TWO MILES SQUARE RESERVE. 

One piece of land two miles square at the lower 
rapids of the Sandusky river was ceded by the In- 
dians to the United States by the Greenville treaty, 
(^) and has since been known as "The Two Miles 
Square Reserve." It is located at Fremont in the 
central part of Sandusky county, in townships four 
and five, north, of the fifteenth range east of the first 
principal meridian. 

This tract came into prominence during the war 
of 1812 when Fort Stephenson built within it on the 
west bank of the river, was successfully defended by 
Colonel George Croghan and a garrison of but two 
hundred men against five hundred British and eight 
hundred Indians under General Proctor. Colonel 
Croghan was rewarded by promotion and given 
much praise, especially by the people, of Chillicothe 
who presented him an elegant sword. 

(1) 1 L. U. S., 398; 7U. S. S. L., 49. 
201 



OHIO LANDS 



28 



33 




35 



TWO MILES SQUARE RESERVE 



202 



OHIO LANDS 

A town was laid out on the east bank of the river 
and named "Croghanville" in honor of Colonel 
Croghan. It subsequently became a part of Lower 
Sandusky and that name was changed later to 
Fremont 

While the reserve is but a small part of all the 
land in Ohio, it is, nevertheless, an original survey 
and is subdivided upon a plan independent of that 
used in the subdivision of the surrounding land. It 
has neither townships nor ranges. It was originally 
subdivided in 1807, by William Ewing, under the act 
of 1805; ^^^ into four sections which were numbered 
from one to four by beginning with number one in 
the northeast corner and numbering around to the 
left, as the quarter townships are numbered in the 
United States military tract ; while Joseph Wampler, 
in 1816, in compliance with the act of that year, ^^^ 
resurveyed the exterior lines, laid off three hundred 
and ten inlots and sixty-three out-lots for the town 
of Croghanville, and set off two 'Tublic Reserves" of 
one quarter section each. He also divided the island 
in section number one into two equal parts, and sub- 
divided the balance of the reserve into twenty-two 
"Fractional Sections, ' ' having one front on the river, 
and containing as nearly as possible, eighty acres 

(2) 3 L. U. S., 670; 3 U. S. S. L., 343. 

(3) 6 L. IT. S., 101; 3 U. S. S. L., 308; 23 L. 0., 33; 43 L. O. L., 

433 

203 



OHIO LANDS 

each. None of the subdivisions included the bed of 
the river, which, however, was relinquished to the 
city of Fremont in 1870. ^^^ The lots and fractional 
sections were directed to be sold at public auction by 
the register of the land office at Wooster, provided, 
however, that none of the inlots should be sold for 
less than $20.00, the outlots for less than $5.00 per 
acre, or the fractional sections for less than $2.00 
per acre: and that such as may not have been sold 
within seven days, were to be disposed of at private 
sale by the register of that office, according to the 
provisions for the sale of other public lands. 

The secretary of the treasury, under authority 
of the act of 1816, ^^'^ selected inlots numbered 163, 
165, 167, 169, 171, 173, 175, 177 and 179, and outlots 
numbered 10 and 11 m Croghanville for the benefit 
of the schools within the reserve; ^^^ and the auditor 
of Sandusky county was authorized to sell them by 
special acts of the legislature. ^^^ 

(4) 16 U. S. S. L.. 23. 

(5) L. L. 0., 161. 

(6) 31 L. O. L., 32; 32 L. O. L., 325. 



204 



CHAPTER 19 

THE MORAVIAN TRACTS. 

In Tuscarawas county there are three tracts of 
land containing four thousand acres each, which con- 
stitute surveys independent of the United States 
Military Survey surrounding them. They are 
known as the "Moravian Tracts," and, by their in- 
dividuality as separate surveys, they will forever be- 
speak their association with the earliest efforts to 
establish settlements within the present bounds of 
Ohio. 

On these tracts, one hundred and fifty years ago, 
resided the Moravian Indians. These Indians were 
not a tribe, as their name might suggest, but were In- 
dians converted to Christianity by the missionaries 
of the Moravian Church, who, since its organiza- 
tion under that name in 1727, had been active in 
missionary work. 

205 



O 11 1 LANDS 




THE SGHOENBRUN TRACT 



L>0(; 



OHIO LANDS 

The Moravian Church derived its name from the 
valley of Moravia lying within a province of that 
name in the northern part of Austria, where a few 
families had preserved the traditions of their fathers 
who had come from Bohemia where they had or- 
ganized, about the year 1427, a religious society call- 
ed the "Bohemian Brethren." 

The early activities of the Moravian mission- 
aries in America abound in historic incidents. By 
their quiet, humble labor they gained and kept the 
confidence of the Indians and accomplished more, 
perhaps, than any other organization toward estab- 
lishing peace with the red man. 

Missionaries from the main branch of this 
church in America, located at Bethlehem, Pennsyl- 
vania, visited, in 1761, the Indian villages on the 
Muskingum river near where the "Great Trail, ' ' run- 
ning east and west, crossed the trail running north 
and south over the much traveled portage to the 
Cuyahoga river. There these missionaries estab- 
lished themselves and thus planted the germs of 
civilization in the northwest territory. But on ac- 
count of the enmity of the Indians living to the 
northwest, and the jealousy of the French who then 
regarded Ohio as belonging to them, little progress 
v/as made by the missionaries until May 1772, when, 
with five Indian families from Pennsylvania, they 

207 



OHIO 



LANDS 



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208 



OHIO r. A N D S 

laid out and settled the town of Schoenbrun. Gna- 
denhutten was laid out in October of the same year, 
and Salem in 1780. It is by these names that the 
three respective surveys, or tracts of land surround- 
ing these villages are known. 

It was also within one of these tracts that the 
white man disgraced his race by one of the most cruel 
and treacherous butcheries of a band of confiding 
red men that history records. In 1782 depreda- 
tions, including the killing of some white people, had 
been committed in Pennsylvania and Virginia. A 
local company of about one hundred men under 
Colonel Williamson arrived in Gnadenhutten and as- 
sumed these Indians to have been the guilty parties. 
With an abiding confi.dence in their visitors, more 
than ninety of these Indians, including women and 
children, were induced to congregate in a building 
where Col. Williamson and his men slaughtered them 
without mercy. 

When it was learned these Indians were not 
guilty, but, instead, were christianized and exceed- 
ingly friendly, great indignation arose. The act of 
Williamson and his men was looked upon as an un- 
fortunate outrage upon humanity, and they were 
vigorously denounced. The remnant of this band 
of Indians, shocked and frightened by the horrible 
deed, fled to Canada. Every effort, however, was 

209 



() II I O L A N 1) S 




SALEM TRACT 



210 



OHIO LANDS 

made to amend the great wrong and a number were 
induced afterwards to return and resume their good 
work. 

The Continental Congress became active in the 
matter and, in May of 1785, ^^^ directed that so 
much of the lands adjoining each of their towns as 
the geographer might deem sufficient for them to 
cultivate, with the buildings and improvements, 
should be reserved from sale and applied to the sole 
use of such of these Indians as might return. To aid 
such application further, congress, in July of 1787, 
^2) authorized the board of treasury to reserve from 
sale a quantity of land at each settlement, amounting 
altogether to ten thousand acres, and vested the title 
in the Moravian Brethren of Bethlehem, Pennsyl- 
vania, or in a society of those brethren, in trust for 
civiHzing the Indians and promoting Christianity. 

In September of 1788, congress confirmed ^^^ 
its previous ordinances, but modified them by 
directing that a town plat, estimated at 666 2-3 
acres, be laid out in each tract; that each town and 
the reserved lands adjoining it, should constitute a 
tract of four thousand acres; that the geographer 
should survey the tracts off as speedily as possible 

(1) 1 L. U. S. 568. 

(2) 1 L. U. S. 569. 

(3) 1 L. U. S. 579. 

211' 



OHIO LANDS 

and return plats of them to the board of treasury, 
and that their title should vest in the Society of the 
United Brethren in trust, for propagating the 
Gospel among the heathen, as expressed in former 
ordinances. '^^ 



i 



June 1, 1796, congress directed the surveyor 
general to survey off the three tracts of land con- 
taining four thousand acres each, at Schoenbrun, " 
Gnadenhutten and Salem, respectively, and that 
patents should be issued for them to the Society of 
the United Brethren, in trust, as provided in the or- 
dinance of 1788. ^4) 

After a survey had been made of their outer 
boundaries a patent was issued, February 24, 1798 
^-^ conveying these tracts to this society, as trustee, 
for the use of the Indians. But as white people 
settled in the surrounding country the habits and 
character of the Indians changed for the worse. 
This, together with their intercourse with the San- 
dusky Indians who continued to be hostile to the 
Americans, caused all efforts to re-establish them in 
their former christian spirit and work, to fail. As 
the trust became burdensome to the society and use- 
less to the Indians, the society was unable to accom- 
plish its purposes, and, therefore, decided to abandon 
further efforts. 

(4) 2 L. U. S., 565; 1 U. S. S. L., 490. 

(5) United States Land Records 1, page 38. 

'212 



OHIO LANDS 

The duty of carrying out the trust and caring 
for the property had placed a serious financial, bur- 
den upon the society. By August of 1822 it had ex- 
pended $43,356.00 in procuring the title, surveying 
the lands, cutting roads, building mills and making 
other improvements in connection with the execution 
of its trust; while it had received but $9,998,581/4, 
leaving a balance of $32,587.50%. Of this sum, 
$15,840,101/4 had been expended in procuring the title 
and surveying, and for the payment of $6,654.25 of 
which the land was still held liable. (^^^ 

Arrangements were thereupon made, in 1823, to 
recede the land to the United States. In March of 
that year, congress ^^^ directed the president to take 
such measures as might be necessary to purchase the 
title and interest of the Indians in the tracts, and 
appropriated one thousand dollars to meet the ex- 
penses of doing so; and on the 4th day of August, 
1823, a deed, or rather a contract, of retrocession 
^'^ was signed at Gnadenhutten by Lewis Cass, com- 
missioner for the United States, and Lewis De 
Schweinitz, agent for the society. 

But as the Indians were the beneficiaries of the 
grant, the agreement to recede the lands could not 

(11) These receipts, expenditures and balances are as recited 
in the deed. 

(6) 7 L. IT. S. 141. 

(7) Tuscarawas County Deed Book 4, page 87. 

213 



OHIO LANDS 

have been legal without their consent. This was 
given by an agreement entered into at Detroit, 
November 8, 1823, by Lewis Cass on the part of the 
United States, and Zacharias or Kootalus, John 
Henrj^, Charles Henry or Killbuck, Francis Henry 
Killbuck, John Peter Tobias, John Jacob and Mathias 
or Koolots has kee, the descendants and representa- 
tives of the Indians who had formerly settled upon 
the land. The society was to be repaid $6,654.25 out 
of the first proceeds of the sale of the land and the 
Indians granted an annuity of four hundred dollars. 
The deed of retrocession and its supplemental con- 
tract were accepted May 26, 1824 by congress ^^^ 
which directed the tracts to be subdivided into suit- 
able lots and sold. ^^^ They were surveyed in 1825 
by F. Wampler, Deputy Surveyor. 

The secretary of the treasurj^ was directed by 
the act of 1824, ^^^ to set apart one lot in each of the 
three Moravian tracts, not exceeding the one thirty- 
sixth part each, for the support of their respective 
schools. Accordingly, lot No. 2 of the Gnadenhutten 
tract, containing 120 acres, was thus assigned for 
the use of schools within that tract; lot No. 11 of 
the Salem tract, containing 117.44 acres, for the use 
of schools within that tract, while lot No. 25, con- 
es) 7 L. U. S., 307; 4 U. S. S. L., 56. 
(9) 7 L. U. S. 511, 587; 4 U. S. S. L.. 185, 237. 

214 



OHIO LANDS 

taining 61.40 acres and lot No. 24 less 37.68 acres, qt 
55.23 acres off the south side, were assigned for the 
use of schools within the Schoenbrun tract. ^^^^ 

(10) For acts for leasing and selling these school lands, see 
38 L. 0., 164; 41 L. O., 143; 74 L. O., 429; 97 L. O., 617; 106 L. O. 141. 



215 



CHAPTER 20 

MISCELLANEOUS SURVEYS. 

One section of land containing six hundred and 
forty acres on the Sandusky river, laid off in a square 
form and including his improvements, was given to 
Horonu, or the Cherokee Boy, a Wyandot chief, by 
the treaty of 1817. <^^ This land is located in Wyan- 
dot county in town one, south, range fourteen east 
of the first principal meridian. Horonu conveyed 
one quarter of the section, containing 160 acres, to 
James Whitaker, and the sale was confirmed by the 
president. Horonu died in March, 1826, and devised 
the remaining three quarters of the section of land 
to Sooharress, or Isaac Williams and Squeendehtee, 
who were his nearest kin. By the treaty of 1842 
this remainder was to be sold by the President of 
the United States and the net proceeds paid to the 
devisees. ^-^ 

(1) 6 L. U. S.. 709, 723; 7 U. S. S. L.. 160, 178. 

(2) 10 L. IT. S., 950; 11 U. S. S. L., 581. 

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RANGE 14 EAST 

THE FIRST PRINCIPAL MERIDIAN 

217 



OHIO LANDS 




OHIO LANDS 

Jean Bapt Richardville, principal chief of the 
Miami nation of Indians, was granted several tracts 
of land by the treaty of 1818. ^^^ One of these con- 
sisted of "two sections on the twenty-seven mile 
creek where the road from St. Mary's to Fort 
Wayne crosses it, being one section on each side of 
said creek," and for which President Monroe issued 
a patent, March 21, 1823. (i^) 

This tract, as thus conveyed, did not correspond 
with any two sections as originally surveyed, but, 
instead, was a tract eighty chains, east and west, by 
one hundred and sixty chains, north and south, one 
part of which was in township three, south, of range 
one east of the first principal meridian, in the south- 
western part of Van Wert county, Ohio, and the 
other in township twenty-seven, north, of range 
fifteen east of the second principal meridian, in 
Adams county, Indiana. However, all the tract was 
merged into and became parts of the sections into 
which the respective townships were 'subdivided, 
except the northeast quarter. 



The United States, by the treaty with the Miami 
Nation of Indians, in 1818, ^^^ granted to Peter La- 
badie one section of land lying south of the St. 

(3) 6 L. U. S., 728; 7 U. S. S. L., 118. 
(13) Van Wert County Deed Book 74, page 327. 

219 



OHIO LANDS 

Mary^s river in townships three and four, south, of 
range one east of the first principal meridian. Part 
of this tract is in Van Wert county and part in Mer- 
cer. 



By the treaty with the Miami Nation of Indians, 
in 1818, (^^ Charley, a Miami chief, was given one 
section of land which was located in townships four, 
south, in ranges one and two east of the first princi- 
pal meridian. It lies south of the St. Mary's river 
in the north part of Mercer county. 



I 



Black Loon Crescent is the name of a survey on 
the St. Mary's river, in the north part of Mercer 
county, of two sections of land in the noi'thwest cor- 
ner of town four, south, of range two east of the first 
principal meridian. It was granted to Wemetche 
(Pemetche) or the Crescent, by the treaty of 1818 
with the Miami Nation of Indians. ("^^ 



For some years prior to the war of 1812, several 
friendly Indians had their lodges on the south bank 
of the St. Mary's river, near the site of the Indian 
village of ''Oldtown," in Dublin township, Mercer 
county, and in the fourth township, south, of the 
second range east of the first principal meridian. 
For a number of years, Anthony Shane, a halfbreed 

220 



OHIO LANDS 

Ottawa Indian, did much business as a trader at this 
place which became known as "Shane's Crossing." 

Mr. Shane rendered such valuable services to 
the United States during that war that Congress, in 
1815, granted him three hundred and twenty acres 
of land surrounding his improvements, on the south 
side of the St. Mary's river. (^^ By the treaty of 
1817, Mr. Shane was also given six hundred and 
forty acres on the opposite side of the river. ^^^ 



By the treaty with the Miami Nation of Indians, 
in 1818, the United States granted to Louis Godfroy 
six sections of land on the north side of the St. 
Mary's river in the north part of Mercer county, ^^^ 
and in the north part of township four, south, of 
range two east of the first principal meridian. 



In 1786, a body of Kentuckians under General 
Benjamin Logan destroyed a number of Indian 
towns within the present bounds of Logan and 
Champaign counties. Among the prisoners taken 
to Kentucky was a Shawnee Indian lad, Spamaga- 
labe. He became a member of the family of the 
commander and was afterwards known by the name 
of Logan to which the prefix of captain became 
attached. However, he was permitted to return to 

(4) 4 L. U. S., 807; 6 U. S. S. L., 149. 
221 



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TOWNS 4.5. SOUTH. RANGE 5 EAST 
TOWNS 4.5. SOUTH. RANGE 6 EAST 

THE FIRST PRINCIPAL MERIDIAN 



222 



i 



OHIO LANDS 

his own people and eventually became a chief. He 
remained friendly to the Americans and fought with 
them in the w^ar of 1812, when he lost his life lead- 
ing an expedition into the camp of the enemy. ^^^ 
For his services the United States, by the treaty of 
of 1817, granted to his children six hundred and 
forty acres of land on the east side of the Auglaize 
river in town four, south, of range five east of the 
first principal meridian, and in the north part of Au- 
glaize county. ^^^ The restrictions on the title were 
removed by Congress in 1881. ^^^ 



In 1836, the secretary of the treasury was au- 
thorized to cause to be issued to Henry Stoddard, 
assignee of Nicholas Smith, assignee of Francis 
Dochoquet, a patent for 320 acres of land in sec- 
tions 30 and 31 in township five, south, in range six 
east of the first principal meridian, in accordance 
with a grant to the chiefs of the Shawnee nation of 
Indians. ^^^ 



James McPherson, a native of Carlisle, Pennsyl- 
vania, who had been taken prisoner by the Indians 
at the mouth of the Great Miami river and had since 
continued to live with them, was granted, by the 

(5) 2 Howe, 100, 101, 102. 

(6) 21 U. S. S. L., 511. 

(7) 8 L. U. 3., 1087; 9 L. U. S., 397; 6 U. S. S. L., 639; 7 U. S. 
S. L., 355. 

223 




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224 



OHIO LANDS 

treaty of 1817, one section of land of 640 acres, which 
he located at the intersection of the Roberts line 
with that of the Greenville treaty, in Logan county 
in town number seven, south, of range number nine 
east of the first principal meridian. ^^^ By the treaty 
of 1831, Mr. McPherson was also granted the further 
amount of 320 acres, which he was permitted to 
locate adjoining that given him by the former 
treaty. (^) • 



By the treaty of 1817 there v/as granted to 
Nancy Stewart, daughter of a Shawnee chief. Blue 
Jacket, one section of land on the Great Miami river, 
adjoining the Greenville treaty line, in the northwest 
part of Logan county. ^^^ Four hundred and eighty 
acres of this amount was located on the east side of 
the river and one hundred and sixty acres on the 
west side, in town seven, south, of range eight east 
of the first principal meridian. 



At the request of the chiefs of a mixed band of 
Seneca and Shawnee Indians, Henry H. McPherson, 
an adopted son of the band, was granted by the 
treaty of 1831, ^^^ a half section of land containing 
three hundred and twenty acres. This tract, together 
with a half section granted him, March 20, 1821, by 

(8) 8 L. U. S., 1081; 7 U. S. S. L., 351. 
225 



OHIO L A X D S 

the chiefs, constituted an entire section which he 
located in the northeast part of Shelby county on the 
Greenville treaty line in the seventh township, south, 
of the seventh range east of the first principal meri- 
dian. 



John Vanmeter was among the many white per- 
sons taken prisoner by the Wyandots. He married 
a Seneca woman and continued to live among the 
Indians. By the treaty of 1817, Vanmeter and his 
wife's three brothers, were granted one thousand 
acres, beginning north 45 degrees west, one hundred 
and forty poles from his house and running "thence 
south three hundred and twenty poles, thence and 
from the beginning, east, for quantity." ^^^ This 
tract is located in the southern part of Seneca county, 
in town one, north, of range fifteen east of the first 
principal meridian. 



John R. ¥/alker was the son of Catherine 
Walker, a Wyandot woman. He was wounded at the 
battle of Mauguagon (Maguaga), (^) in August, 1812, 
while in the service of the United States under Col- 
onel Miller who was unsuccessfully attacked by the 
British under General Proctor and the Indians under 
Tecumseh. For his services in that battle and also 

(0) About fourteen miles south of Detroit, Michigan. 
226 




TOWNS 111 mil RASGE 14 EAST 
TOWHS 113. iiilj. BAIGE 15 EAST 

THE FIRST PBliciPAL MERIDIAN 



OHIO LANDS 

because his mother was a Wyandot Indian, Walker 
and his mother were each given one section of land 
by the treaty of 1817. These two sections adjoined 
east and west and constituted one tract of 1,280 acres 
in town one, north, of range fourteen east of the first 
■principal meridian, in Seneca county. The tract was 
described as beginning "at the northwest corner of 
the tract granted to John Vanmeter and his wife's 
brothers, and running with the line of that tract, 
south 320 poles ; thence and from the beginning, west, 
for quantity." ^^^ 



By the treaty of 1817, the United States granted 
to Robert Armstrong, who had been taken prisoner 
by the Indians and had married a Wyandot woman, 
six hundred and forty acres of land "on the west side 
of the Sandusky river, beginning at a place called 
Camp Ball, and running up the river, with its mean- 
ders, one hundred and sixty poles, and, from the be- 
ginning, down the river, with its meanders, one hun- 
dred and sixty poles, and from the extremity of these 
lines west for quantity." ^^^ 

There was also granted, by that treaty, to the 
quarter blood Wyandot children of William McCol- 
lock, who was killed near Mauguagon (Maguaga) 
in August, 1812, six hundred and forty acres "on the- 
west side of the Sandusky river, adjoining the lower 

228 



OHIO LANDS 

line of the tract granted to Robert Armstrong, and 
extending in the same manner with and from the 
river." ^^^ These two tracts constitute one survey 
and are located in Seneca county in townships two, 
north, of ranges fourteen and fifteen east of the first 
principal meridian. 



William Spicer had been taken prisoner by the 
Indians, married a Seneca woman and continued to 
live among the Indians. By the treaty of 1817, Mr. 
Spicer was given six hundred and forty acres "be- 
ginning on the east bank of the Sandusky river, 40 
poles below the lower corner of said Spicer 's corn 
field, thence, up the river on the east side, with the 
meanders thereof, one mile, thence, and from the 
beginning, east, for a quantity." ^^^ This tract is 
located in the north part of Seneca county in town 
three, north, range fifteen east of the first principal 
meridian. 



Elizabeth Whitaker, a white woman, was taken 
prisoner by the Wyandot Indians and continued to 
live with them after she was free to return to her 
people. At the request of the Indians, the United 
States, by the treaty of 1817, granted her twelve 
hundred and eighty acres of land, on the west side 
of the Sandusky river, in a square form, as nearly 

229 



OHIO LANDS 



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1 7 1 8 19, 

1 I. 1- L. 

1 1 , ■ 
' 18 1 17 ' 16 i 


-^r 






BLizi{BETH f^\ 




1' ~ ' , ' ~ ' , " 

1 19 ! 20 , 21 1 




1 r ;--- 

1 30 1 29 1 28 


! - ;V 


1 25 




1 31 I 32 1 33 

|iL J ' 


TWO MILE!. SOUAReJ/ 


.J 

1 











TOWN 5. NORTH. 
RANGE 15 EAST 

THE FIRST PRINCIPAL MERIDIAN 



230 



OHIO LANDS 

as the meanders of the river would admit, and to 
run an equal distance above and below the house in 
which she lived. ^^^ This tract is located in the north 
central part of Sandusky county, in town five, north, 
of range fifteen east of the first principal meridian. 



Isaac Williams, a half-blood Wyandot, married 
a white woman who had been taken prisoner by the 
Indians and had ever since lived among them. After 
the death of her husband, the United States by the 
treaty of 1817, gave the widow and her two children, 
Joseph and Rachel, one hundred and sixty acres of 
land at a place called Negro Point in the north part 
of Sandusky county, in town five, north, of range 
fifteen east of the first principal meridian. ^^^ 



Sawendebans, otherwise known as Yellow Hair, 
or Peter Minor, an adopted son of Tondaganie, or 
the Dog, was given, by the treaty of 1817, six hun- 
dred and forty acres of land in a square form on the 
north side of the Maumee river at Wolf's Rapids, ^^^ 
and for which he was given a patent, November 20, 
1827. His children were given one-half section of 
land adjoining the north side .of the former grant, 
by the treaty of 1831, ^^^^ These two tracts form one 
survey of 960 acres in Lucas county in townships 

(10) 8 L. U. S., 1093; 7 U. S. S. L., 359. 
231 



() II I O L A N D S 



1 r 

1 19 1 
1 1 

1 30 1 


' 1 j 1 
1 > ' ' 

20 1 21 1 22 1 23 1 24 
29 1 28 ' 27 1 X" >Jli^^ 




iL PETE.K 
j' MiNOR 

Ft 

1 1 


32 ' 33 1 34 ^K^^35 | 36 




1 j 1 ' 

8 1 9 , ID 1 11 12 

. _ /^ 1 1 




1 : 


1 (5)- -, --- 

1 1 . 1 h 





TOWHS 5,8. NORTH , RANGE 9 EAST 

OF 

THE FIRST PRINCIPAL MERIDIAN 



'23L' 



OHIO LANDS 

five and six, north, of range nine east of the first 
principal meridian. 



Hiram Thebeault, a half -blooded Ottawa Indian, 
by the treaty of 1831, was given a quarter section of 
land at the Bear Rapids of the Maumee river in 
Lucas county, in town six, north, of range nine east 
of the first principal meridian. William McNabb, 
another half -blooded Ottawa Indian, was given, by 
the same treaty, a like quantity of land adjoining 
that granted to Hiram Thebeault. ^^^^ 



By the treaty v/ith the Ottawa Indians, in 1833, 
the following grants of land about the mouth of the 
Maumee river in the ninth township, south, of the 
eighth range east of the Michigan meridian, in Lucas 
county, were made : Three hundred and twenty acres 
at the mouth of the river, including Presque Isle, to 
Autokee, a chief; eight hundred acres to Jacques, 
Robert, Peter, Antoine, Francis and Alexis Navarre ; 
one hundred and sixty acres, on which stood his 
father's old cabin, to Waysayon, the son of Tushqua- 
guan; eighty acres, including, if practicable, her 
cabin and field, to Petau ; eighty acres higher up the 
little creek, to Cheno, a chief ; eighty acres to Joseph 
Le Cavalier Ranjard, in trust for himself and the 
legal representatives of Albert Ranjard, deceased, 

233 



OHIO LANDS 




TOWN 9, SOUTH, 
RANGE 8 EAST 

THE MICHIGAN MERIDIAN 



234 



OHIO LANDS 

who had purchased the land of the Indians, paid 
them three hundred dollars and had received no 
equivalent; one hundred and sixty acres fronting 
on the bay and including his improvements, on Pike 
creek, to Wausaonoquet, a chief; eighty acres ad- 
joining the south side of the last tract, to Leon 
Guoin and his wife during their joint lives and the 
life of the survivor, and to their children in fee; 
one hundred and sixty acres fronting on the north 
side of Ottawa creek, above where Aushcush lived, 
to chiefs Aushcush and Ketuckkee; one hundred 
and sixty acres on each side of the turnpike road 
where Halfway creek crossed it, and one hundred 
and sixty acres fronting on the river and including 
the former residence of Kenewauba, to Robert A. 
Forsythe, and one hundred and sixty acres front- 
ing on the river immediately above and adjoining 
the last tract, and one hundred and sixty acres ad- 
joining on the turnpike road, to John E. Hunt. As 
Autokee, Waysayon, Petau, Cheno, Wausaonoquet, 
Aushcush and Ketuckkee were Indians, the lands 
granted them could not be alienated without the 
approval of the President of the United States. ^^^^ 



To encourage settlement, and to protect occu- 
pants, "either under legal grants derived from the 

(11) 8 L. U. S., 1093, 1178; 7 U. S. S. L., 359, 420. 

235 



OHIO LANDS 

French or British governments, or by virtue of ac- 
tual possession and improvement, or from any other 
account whatever," Congress provided that all such 
persons could make application to the register of 
the land office of the district and receive a patent 
for the land, upon producing satisfactory evidence 
of occupancy, or other rights. ^^^^ Under these pro- 
visions, Andre Lamarre, July 3, 1812, received a 
grant for 126.58 acres situated on the Maumee Bay 
in Lucas countj^, in section 16, in town nine, south, 
of range eight east of the Michigan meridian, and 
more particularly described as follows: "Beginning 
at a post standing on the border of the Miami Bay 
on the northerly side of a small run, thence North 
81 degrees West, 43.50 chains to a post, thence North 
9 degrees East, 29.10 chains to a post, thence South 
81 degrees East, 43.50 chains to a post standing on 
the border of the Miami Bay, thence along the bor- 
der of said Bay South 9 degrees West 29.10 chains 
to the place of beginning.'' 

(12) 3 L. U. S, 596, 670; 4 L. U. S., 109, 185, 412; 2 U. S. S. L., 
343, 437, 502, 710. 



236 



CHAPTER 21 

THE OHIO COMPANY 

The first tract of land to be disposed of by the 
general government was that purchased by the Ohio 
Company of Associates in southeastern Ohio, and 
since known as "The Ohio Company's Purchase." 
This company, composed almost entirely of people 
from the New England states who effected the first 
permanent settlement in Ohio at Marietta in April 
of 1788, should not be confused with an earlier com- 
pany known as "The Ohio Land Company, ' ' but fre- 
quently referred to as "The Ohio Company." 

The first Ohio Company was organized in 1748, 
by persons prominent in London, Virginia and Mary- 
land. A conditional grant of five hundred thousand 
acres lying between the Monongahela and Kanawha 
rivers, in what is now West Virginia, with the privi- 
lege of selecting a part on the north side of the Ohio, 

23T 



O II 1 () L A X D S 

was obtained from the English crown in 1749. The 
conflicting claims of the French, Indians, English 
and the colonies, as well as also the interference of 
the French and Indian and the Revolutionary wars, 
prevented substantial settlements being made in 
Ohio. A trading station, however, was established 
in 1749, in the northwest part of Shelby county 
where Peter Loramie later located his store; while 
Christopher Gist, in 1750, explored the land along the 
northern side of the Ohio river. This activity, 
among other things, led to the war between France 
and England being extended to the colonies, and in 
which the Indians sided with the French. At the 
conclusion of that war, France ceded England all her 
possessions east of the Mississippi river and north of 
the Ohio. 

Several reasons have been given for the first 
settlement in Ohio. That to which history is dis- 
posed, perhaps, to give the most credence is the 
efforts of the officers of the Revolutionary war to ob- 
tain lands promised them for services, and for which 
they held warrants. 

At that time it was also apparent that about the 
only immediate resources of the general government, 
then in process of forming, were the lands west of 
the Allegheny mountains claimed by the Indians, as 
well as by some of the colonies ; and it was with thess 



» 



OHIO LANDS 

lands that the Continental Congress had hoped to 
satisfy land warrants when provisions for their 
issuance were made. In April of 1783, Colonel 
Timothy Pickering, then quartermaster general, 
proposed to some of the officers of the army, then in 
army headquarters at Newburgh on the Hudson 
river, in Orange county. New York, that they peti- 
tion congress to form a new state west of the Ohio 
river, and permit their land warrants to be satisfied 
from the land so set aside. This proposition was 
submitted "for consideration, amendment and sug- 
gestion" to General Rufus Putnam who recommend- 
ed that a petition be presented to congress asking 
that lands, to which the holders of warrants were 
entitled, be located in the western territory, and that 
provision be made for selling other lands to them 
for public certificates. 

Thereupon, in June of 1783, two hundred and 
eighty-five officers petitioned congress to procure 
from the Indians the land northwest of the Ohio 
river and cause it to be surveyed and given them for 
services in accordance with the provisions of the 
ordinances of congress of 1776 and 1780. Of this 
number one hundred and fifty-five were from Massa- 
chusetts, thirty-four from New Hampshire, forty- 
six from Connecticut, thirty-six from New Jersey, 
thirteen from Maryland and one from New York. ^^^ 

(1) For copy of petition and list of petitioners see 1 Arch. 38. 
239 



OHIO LANDS 

Another reason assigned for this settlement was 
that, as the climate of the New England territory 
was more rigorous and the soil less fertile than in 
many other localities which had been explored, emi- 
gration had long been considered by many of its resi- 
dents. In 1773, a number had migrated to west 
Florida, but finding that no title to the land could be 
had, they returned without effecting a settlement. 
This expedition, however, emphasized the necessity 
of stability of titles to land as well as also the assur- 
ance of a satisfactory government, to induce settle- 
ment. So, in 1787, when negotiating for land in th( 
western territory, the Ohio Company of Associates 
insisted upon both good titles and good governmeni 
They, therefore, required not only the adoption of 
contract for the purchase of the land in a mannei 
they deemed reasonable, but also that satisfactor; 
provisions first be made for the government of th( 
country to which they should emigrate. Hence, it 
may be said that the contract "-^ for the sale of th( 
land in southeastern Ohio and the adoption of the or^ 
dinance of July 13, 1787, '-^^ were really one trans 
action, and that neither would have been satisfactory 
nor complete without the other. 

The chaotic condition of the government during 
its creative period, prevented congress complying 



(2) L. H. O. U., 43. 

(3) 1 L. U. S., 475. 



240 



OHIO LANDS 

with the request of these officers for some years. In 
the meantime, in 1784, Virginia had ^^^ ceded to the 
United States her claim to all the land in Ohio lying 
south of the forty-first parallel of north latitude; 
some of the Indian tribes, by the treaty of Fort 
M'Intosh in 1785, ^^^ had released their claims to that 
part of Ohio lying south and east of the line subse- 
quently adopted at Greenville; ^^^ the land ordinance 
of 1785 (^) had been passed, and the seven ranges of 
townships surveyed. It was impossible, therefore, 
for the new government to consider selling any lands 
until about 1786. 

However, while the French and Indian war was 
in progress, and Lord Dunmore marched thru the 
Hocking Valley to Pickaway county, many colonists, 
especially those from Virginia, had opportunity of 
seeing much of the Ohio country, and they were 
favorably impressed with its possibilities. During 
the Revolutionary war such good reports of this 
western country, to which General Washington add- 
ed much from his own knowledge, were communi- 
cated from soldier to soldier, that, at the close of that 
war, many persons, particularly in the New England 
states, became much interested in this territory. 

(4) 1 L. U. S. 472. 

(5) 1 L. U. S., 390; 7 U. S. S. L., 16; 4 Arch. 6„ 

(6) 1 L. U. S., 398; 7 U. S. S. L., 49. 

(7) 1 L. U. S. 563. 

241 



OHIO LANDS 

General Rufus Putnam, a surveyor and. a man of 
much ability and enterprise, became especially active 
in promoting its colonization. The very flattering 
report of Colonel Thomas Hutchins who had spent 
many years northwest of the Ohio river, and the sur- 
vey of the seven ranges, invited attention anew to 
the Ohio country. About this time General Benja- 
min Tupper returned from Pittsburg enthused with 
the reports of the Ohio country he had heard while 
there. He spent the night of January 9, 1786, with 
General Putnam, with Avhom he had been on intimate 
terms for years, and they became so much interested 
that they decided to organize a colony, purchase 
lands and establish a settlement northwest of the 
Ohio river. Accordingly, the next day they joined 
in publishing a call for representatives of the officers 
and soldiers of the Revolutionary war, and any 
others who might wish to join in promoting the 
scheme, to select representatives to meet at the 
Bunch of Grapes tavern in Boston, on Wednesday, 
March 1, 1786, to determine a plan for acquiring 
land in the Ohio country and promoting its settle- 
ment. 

Ten delegates were present at that meeting, and 
it was agreed that the subscribers should constitute 
an association known as the ''Ohio Company;" that 
one million dollars in continental specie certificates 
should be used to purchase western lands and pro- 

242 



I 



OHIO LANDS 

mote their settlement; that each one thousand dollars 
subscribed should constitute one share, but that no 
one person should hold more than five; that the 
proprietors of twenty shares should constitute one 
grand division of the company and appoint an agent 
to represent them, and that the agents should ap- 
point five directors, a treasurer and a secretary. 
These directors were given the sole disposal of the 
funds and authorized to purchase land for the benefit 
of the company, either by themselves or by such 
other persons as they might intrust with the busi- 
ness; and, after the land had been purchased, they 
v/ere required to subdivide it in such manner as the 
agents might direct, and execute deeds to the agents 
respectively for the proportions which should fall 
to their division, corresponding to the deeds the di- 
rectors themselves might receive. 

A full year was occupied in soliciting subscrip- 
tions and perfecting plans. The next meeting, 
therefore, was not held until March 8, 1787, when, at 
Brackett's tavern in Boston, a committee was ap- 
pointed to apply to congress for the purchase of land 
upon such terms as the committee might deem ade- 
quate to the purposes of the company. Reverend 
Manasseh Cutler and Major Winthrop Sargent were 
selected to make the application. 

For a while it was impossible to secure the at- 

24 o 



OHIO LANDS 




244 



OHIO LANDS 

tention of congress, and these agents, in despair, 
were about to abandon further efforts when arrange- 
ments were made with Colonel William Duer and 
others to join in attempting to acquire several 
million acres, ^^^^ Whereupon the Continental Con- 
gress, July 23, 1787, *^^ empowered the board of 
treasury to contract for the sale of a tract of land 
bounded by the Ohio river from the mouth of the 
Scioto to the intersection of the w^estern boundary of 
the seventh range of townships of the Ohio. River 
Survey, by that boundary to the northern boundary 
of the tenth township from the Ohio river, by a due 
west line to the Scioto, and by that river to the place 
of beginning. 

It was required that.the tract should be surveyed 
and its contents ascertained by the geographer or 
some other officer of the United States ; that the pur- 
chasers, within seven years and at their own expense, 
should subdivide the tract into townships and frac- 
tional parts of townships, and the townships into lots 
according to the land ordinance of 1785; ^^^ that lot 
number sixteen in each township should be given for 
the maintenance of public schools within the town- 
ship; lot number twenty-nine be given perpetually 
for the purposes of religion; lots numbers eight, 
eleven and twenty-six be reserved for the future dis- 

(11) See The French Grants. 
(8) 1 L. U. S. 573. 

245 



OHIO LANDS 

position of congress, and not more than two complete 
townships be given perpetually for the purposes of a 
university, to be laid off by the purchasers as nearly 
the center of the tract as may be and applied to the 
intended object by the legislature of the state. 

The price was not to be less than one dollar per 
acre after excepting the reservations and gifts 
mentioned, payable in specie loan office certificates 
reduced to specie value, or certificates of liquidated 
debts of the United States, with a reduction of one- 
third of a dollar per acre for bad land, a privilege 
permitted in no other sales than that of 248, 450 acres 
in the southwestern part of the state to John Cleves 
Symmes. ^^^ Not less than five hundred thousand 
dollars were to be paid upon closing the contract and 
the remainder upon the completion of the work to be 
performed by the geographer or other officer on the 
part of the United States, when a grant should be 
made for whatever amount may have been paid 
for. <io) 

The tract which this resolution permitted to be 
sold included all the land lying between the Scioto 
river and the seven ranges, extended as far north as 
the north line of Muskingum county and included 
many million acres more land than the Ohio Com- 

(9) 1 L. U. S. 456. 
(10) 1 L. U. S. 491, 573, 574; 4 Arch. 11. 

24G 



OHIO LANDS 

pany of associates desired to purchase, which was the 
amount for which one million dollars would pay. 
The excess, however, was for the benefit of Colonel 
William Duer and others who were interested in the 
Scioto Purchase. ^^^^ 

Thereupon, October 27, 1787, Cutler and Sargent, 
as agents for the Ohio Company of Associates, 
contracted ^^^ with the board of treasury for one 
million five hundred thousand acres of land, besides 
the several townships, lots and parcels of land to be 
reserved or appropriated to specific purposes off the 
south ends of ranges eight, nine, ten, eleven, twelve, 
thirteen, fourteen, fifteen, sixteen and seventeen of 
the Ohio River Survey, for five hundred thousand 
dollars cash and a like amount after the tract had 
been surveyed by the geographer or some other 
officer of the United States authorized for that pur- 
pose. Having paid for half the amount of land con- 
tracted for, it was further agreed that the Ohio 
Company should have immediate possession of seven 
hundred and fifty thousand acres, besides the several 
lots and parcels of land reserved or appropriated to 
particular purposes, off the south ends of ranges 
eight, nine, ten, eleven, twelve, thirteen, fourteen and 
fifteen of the Ohio River Survey. 

Having made the first payment at the time of 
entering into the contract and being unable to raise 

P 247 



OHIO LANDS 

sufficient funds to purchase the whole amount con- 
tracted for, it was decided to obtain a deed for the 
amount for which such cash payment would pay, 
which, with the allowance for bad lands, was seven 
hundred and fifty thousand acres besides the several 
lots reserved or appropriated to particular purposes. 
Thereupon Congress in 1792, 'i^) confirmed the con- 
tract of 1787, and authorized the president to convey 
seven hundred and fifty thousand acres, after reserv- 
ing the lots or parcels reserved or appropriated to 
particular purposes, as provided in that contract, off 
the south ends of ranges eight, nine, ten, eleven, 
twelve, thirteen, fourteen and fifteen of the Ohio 
River Survey, to "Rufus Putnam, Manasseh Cutler, 
Robert Oliver and Griffin Greene and to their heirs 
and assigns, in fee simple, in trust for the persons 
composing the Ohio Company of Associates, accord- 
ing to their several rights and interests, and for their 
heirs and assigns, as tenants in common." ^^^^ Ac- 
cordingly, President Washington under date of May 
10, 1792, executed a patent. '^^^ 

This tract is located in Washington, Morgan, 
Athens, Hocking, Vinton, Meigs, Gallia and Law- 
rence counties. It contains, as computed, 913,883 
acres, including the several lots or parcels of land 

(12) Annals of Congress, March 26, 1792, page 486; 2 L. U. S. 

276; 1 U. S. S. L., 257; 6 U. S. S. L., 8. 

(13) 1 L. U. S. 492. 

(14) Washington County Deed Book 1, page 115. 

248 




^^P 0^ 



The Ohio Company^ Purchase 

SOUTH -EASTERN OHIO. 






OHIO LANDS 

reserved or appropriated to particular purposes, and 
is known as the Ohio Company's "First Purchase." 

Meanwhile the United States established the 
north boundary line of the one million five hundred 
thousand acre tract contracted for in 1787. ^2) This 
line coincides with the south line of townships five of 
ranges eight and nine of the Ohio River Survey and 
the north line of the "Donation tract." It was sur- 
veyed by Israel Ludlow and has since been known as 
"Israel Ludlow's Survey." 



Many associates of the Ohio Company held army 
bounty warrants for land, and, as the resolution of 
July 23; 1787, ^^^ permitted them to use these "rights 
for bounties of land in discharge of the contract, 
acre for acre," many availed themselves of the op- 
portunity; and warrants sufficient to purchase 
214,285 acres were presented to the secretary of the 
treasury. Thereupon, under the act of 1792, ^^^^ 
President Washington under date of May 10, 1792, 
^^^) conveyed to Rufus Putnam, Manasseh Cutler, 
Robert Oliver and Griffin Greene and to their heirs 
and assigns the following described tract of land' 
within the limits of the one million five hundred 
thousand acres contracted for, to-wit : 

Beginning at the northwest corner of the 

(15) Washington County Deed Book 1, page 117. 
249 



OHIO LANDS 

Donation tract of 100,000 acres, on a line surveyed 
by Israel Ludlow as for the north boundary line of 
the tract of 1,500,000 acres contracted for October 
27, 1787, (2^ by the Ohio Company of Associates, and 
thence running west on the Ludlow line to the west 
line of the eleventh range ; thence south to the inter- 
section of the west continuation of the north line of 
the third township of the seventh range; thence 
west, along the continuation of the north line of the 
third township of the seventh range, to the west line 
of the sixteenth range; thence south, on the west line 
of the sixteenth range, to a point from which a line 
drawn east to the west line of a tract of 913,883 acres 
granted to Rufus Putnam and others by patent dated 
May 10, 1792, <i4) ^ill, with the other lines of this 
tract as herein specified and described, comprehend 
214,285 acres; thence east to the west line of said 
tract of 913,883 acres; thence north on its west 
boundary to its northwest corner ; thence east, on the 
north line of said tract, to the southwest corner of 
the 100,000 acre tract; thence north to the place of 
beginning. ^^^^ 

This tract, in which no reservations for the 
benefit of schools, churches, or otherwise, were made, 
is located in Washington, Morgan, Athens, Hocking 
and Vinton counties, and is known as the Ohio Com- 
pany's "Second Purchase." 

250 



i 



OHIO LANDS 

For the purpose of subdivision among the share- 
holders the first and the second purchases were treat- 
ed as one tract. They amounted to 964,285 acres 
after excluding the parcels reserved, or appropriat- 
ed, to special purposes out of the first purchase. 

However, since the subdivision of the land into 
sections of 640 acres each, as required by the land 
ordinance of 1785, or even into quarter sections, or 
other aliquot parts of a section, would not enable 
an equal division of the land to be made among one 
thousand subscribers, a special method of sub- 
division was necessary. 

As it was assumed that one thousand shares 
would be taken, plans for the subdivision of the 
land upon that basis were formulated in Boston 
during the summer and fall of 1787. Accordingly, 
months before any had seen the land, the directors 
provided for laying out 1008 house lots and 1000 
eight-acre lots ; while at their first meeting, held July 
2, 1788; on the banks of the Muskingum river, they 
provided for laying out 1005 three-acre lots of which 
five were for public use. 

In 1792, when the patents were issued the whole 
number of shares was found to be 822 and each share 
entitled to about 1173 acres. Plans to divide the 
land upon that basis were accordingly adopted, and 

251 



() II T U L A N D S 

the amount to which each share was entitled, there- 
fore, consisted of seven separate tracts, grouped in 
six divisions, as follows: 



DIVISION 

First. 
Second. 
Third. 
Fourth. 

Fifth. 



Sixth. 



ACRES 

One eight acre lot 8.00 

One three acre lot 3.00 

One house lot of (about) ... .37 

One one hundred and sixty 

acre lot 160.00 

One one hundred acre lot . . . 100.00 

One six hundred and forty 
I acre lot or section 640.00 

One two hundred and sixty- 
I two acre lot or fraction. 262.00 

Total 1173.37 



To accomplish this purpose a general plan for 
the subdivision of the townships thruout these two 
tracts, into sections of 640 acres and fractions of 262 
acres each, was adopted. And, to produce the 
necessary number of smaller tracts to complete the 
amount of land to which each share was entitled, a 
number of the sections and fractions were sub- 
divided into the required number of eight acre lots, 
three acre lots, house lots, one hundred and sixty 
acre lots and one hundred acre lots. These latter 

252 



OHIO 



L A N D S 



36 

640 A 


30 

640 A 


24 

640 A 


18 

640 A 


12 

640 A 


6 

640 A 


35 

640 A 


29 

640 A 


23 

640 A 


17 

640 A 


11 

640 A 


5 

640 A 


34 

640 A 


Fr. 35 

262 A 


Fr. 23 

262 A 


16 

640 A 


Fr. 5 

262 A 


4 

640 A 


Fr. 34 

i62 A 


Fr. 17 

«2A 


Fr.4 

■62 A 


Fr. 24 

262 A 


Fr. 18 

262 A 


Fr. 12 

262 A 


33 

640 A 






3 

640 A 


Fr.33 

262 A 


Fr3 

i62A 


. Fr. 30 

2(.2 A 


F 


r.36 

62 A 


Fr, 6 

262 A 


Fr. 2 

IblA 


Fr. 3 

262 A 


Fr. 31 


Fr. 1 L 


32 

640 A 


26 

640 A 


262 A 


262 A ^ 


8 

640 A 


2 

640 A 


Fr.25 

262 A 


Fr. 7 

262 A 


Fr. 19 

262 A 


Fr. 13 

262 A 


31 

640 A 


25 

<J40 A 


19 

640 A 


13 

640 A 


7 

640 A 


1 
640 A 



GENERAL FLAN 
SUBDIVISION or TOWNSHIPS 

IN THE 

OHIO COMPANY'S PURCHASE 



253 



OHIO L A N D S 

lots, also termed "Fifth Division" lots because they 
were the fifth parcels of land in the enumerated 
order of tracts constituting one share, were made b}^ 
subdividing a section into six equal parts, or, in some 
instances, two adjoining sections lengthwise into 
twelve equal parts, each of which so called one hun- 
dred acre lots contained about 107 acres. 

To meet the requirements of the land ordinance, 
and also to effect an equitable division of the land 
among the shareholders, a number of townships 
were variously subdivided. This required modifica- 
tion of the general plan and many townships were 
subdivided in a manner limited to each. 

The number of the share was designated by th-. 
number of its eight acre lot which was the first parcel] 
enumerated in the list of tracts constituting the] 
amount of land assigned to each share. 

On account of the continuance of the Indian war^ 
the directors were unable to complete the survey oi^ 
to determine the tracts of land to which each shar 
was entitled, until December of 1795, when 817 share- 
holders were found entitled to participate in th< 
division. Thereupon at a meeting held January 23,^ 
1796, the land was directed to be partitioned amon^ 
that number of shareholders, and each assigned,^ 
thru his respective agent, the several tracts of lan( 

25i 



OHIO LANDS 

falling to his share, February 1, 1796, a deed in 
partition, or rather, a deed in allotment, ^^^^ was ac- 
cordingly executed by the directors, and the re- 
spective agents, in turn, conveyed to each proprietor 
the shares of the land thus assigned him; while on 
the day before partition was made, the directors con- 
veyed all the tracts not disposed of, or assigned to 
some proprietor, to Rufus Putnam and Benjamin 
Ives Oilman ''in trust to sell and dispose of for the 
benefit of the proprietors of the Ohio Company." ^^'^^ 

While it was the intention of the subscribers to 
obtain articles of incorporation from Congress or 
from some one of the states, thej^ never did so. How- 
ever, from the magnitude of the transaction, the 
complications involved and the great number of 
stockholders interested, it was impossible to carry 
out any plan of subdividing the land usually employ- 
ed by joint tenants in making partition. This duty, 
therefore, was performed by the directors and 
agents who "might almost be considered as holding 
a semi-official relation to the proprietors," ^^^^ much 
after the manner of a board of directors of a cor- 
poration which represents the many stockholders. 

The title acquired in this manner has been held 
good in the proprietor of each respective share by 

(16) 20 O. R. 231. 

(17) Washington County Deed Book 3, page 185. 

255 



OHIO r. A N D S 

the suiDreme court, in the case of Blake vs. Davis ^^^^ 
whether any conveyance was made by the agent or 
not. 

The only meeting of the stockholders had since 
that in January of 1796 when partition of the land 
was made, was that held by representatives of 464 
shares, at the Franklin House, in Providence, Rhode 
Island, September 18, 1835; (i^) attempts in 1831 and 
1832 to hold meetings having failed for the lack of a 
quorum. At this meeting provision was made for 
the sale of "all the undivided lands in the Ohio Com- 
pany's purchase, now remaining undisposed of, and 
especially the ten sections number sixteen located in 
the second purchase"; and Nahum Ward and Temple 
Cutler were appointed a committee to make the sale. 
An agent also was appointed to petition Congress 
"for the fair and just claim the company have on 
Congress for ten sections of land in lieu of ten sec- 
tions number twenty-nine (belonging to said com- 
pany by contract) in the second purchase and dis- 
posed of otherwise by Congress." Adjournment 
was had to meet the first Monday of April, 1837, at 
the court house in Marietta. An adjourned meeting 
was held in that city July 8, 1839. ^^^^ 

Acting under the authority thus given them, 

(18) Washington County Deed Book 40, page 531. 

(19) Washington County Deed Book 40, page 535. 

256 . 



OHIO LANDS 

Nahum Ward and Temple Cutler as agents of the 
Ohio Company, in 1849, conveyed all the lands not 
then disposed of, and especially sections sixteen in 
the ten townships in the second purchase, to William 
S. Ward and Charles R. Rhodes for two hundred dol- 
lars. ^^^^ 

Having acquired 353 shares, Nahum Ward filed 
his bill in chancery in the Washington county, Ohio, 
court of common pleas, ^^^^ July 21, 1848, against 
Temple Cutler, Ephriam Cutler, William R. Putnam, 
Griffin Greene and the unknown heirs of Manasseh 
Cutler, Robert Oliver, Rufus Putnam and Griffin 
Greene, alleging that he was entitled, in equity, to 
have conveyed to him the 353-817 parts of such lands 
not then disposed of, including sections sixteen in 
the ten townships in the second purchase. Where- 
upon, at the March, 1849, term, it was decreed that 
the defendants convey to the complainant all their 
estate, right, title and interest in and to such tracts 
of land, and that upon default to execute deeds, the 
decree should have the force and effect of such deeds. 
In December of 1849, Mr. Ward conveyed the interest 
he thus acquired to William S. ¥/ard and Charles 
R. Rhodes for one hundred dollars. ^^^^ 

Copies of the record of the proceedings of the 

(20) Chancery Records 2, page 589. 

(21) Washington County Deed Book 40, page 533. 

257 



OHIO 



L A N I) S 



Ohio Company of Associates, made by Rufus Put- 
nam, William Rufus Putnam or William S. Ward, for 
Washington, Athens, Meigs, Gallia, Morgan and 
Lawrence counties, are admissible as evidence in all 
courts. '^^^ 

(22) 16 L. 0., 134; 17 L. O., 180; 18 L. O. L. 81; 54 L. O. 119. 



L'r>8 



CHAPTER 22 

THE DONATION TRACT 

To encourage settlements in different parts of 
the land in Ohio purchased by the Ohio Company of 
associates, and to protect those who might settle 
upon it, that company proposed to donate to each 
settler one hundred acres out of each share of the 
fund. Accordingly, the "Fifth division" was to 
have been used for that purpose ; and each donee was 
required to have arms and ammunition and to main- 
tain upon each tract thus donated a man able to bear 
arms during the term of five years when the- donee 
was to receive a deed for the land. 

The Indians, however, resented settlements be- 
ing made at Marietta and Cincinnati as encroach- 
ments upon their rights, and the war of 1790 result- 
ed. The slender protection of the garrison at Fort 
Harmar was impaired by the transfer of nearly all 
the troops to Fort Washington, to protect the settlers 

259 



OHIO LA N D S 

of the Miami valleys and in Kentucky, and to operate 
to better advantage against the great body of hostile 
Indians then assembling in western Ohio. The 
settlers at Marietta were required, therefore, to pro- 
tect themselves; and the expense of doing so was 
borne by The Ohio Company. 

The hardship and injustice of thus being com- 
pelled to assume the responsibilities of the govern- 
ment were presented to congress in March of 1792. 
To relieve the company of the obligation of donating 
the land, and also to induce people with limited 
means to settle in Ohio, Congress, in April of that 
year, *^^ authorized the president to grant and con- 
vey to Rufus Putnam, Manasseh Cutler, Robert 
Oliver and GrifRn Greene and to their heirs and as- 
signs, in fee simple, in trust for the persons compos- 
ing the Ohio Company of Associates, the following 
described tract of land, to-wit: 

Beginning on the west line of the seventh range 
of the Ohio River Survey at the northeast corner of 
a tract containing 913,883 acres conveyed May 10, 
1792, to Rufus Putnam and others, ^^^ and thence 
running north, on the west line of the seventh range, 
to the northeast corner of a tract of one million five 
hundred thousand acres contracted for, October 27, 

(1) Annals of Congress, March 26, 1792, Page 486; 2 
L. U. S., 276; 1 U. S. S. L., 257; 6 U. S. S. L, 8. 

(2) Washington County Deed Book 1, page 115. 

260 



OHIO LANDS 

1787, (^) by the Ohio Company of Associates, and as 
established by Israel Ludlow; thence west along the 
north line of the one million five hundred thousand 
acre tract, as established by Israel Ludlow, to a point 
from which a line drawn south to the north line of 
the 913,883 acre tract would, with the other lines of 
this tract, include one hundred thousand acres; 
thence south to the north line of the 913,883 acre 
tract and thence to the place of beginning. ^^^ 

This land was to be held for five years and con- 
veyed in fee simple, as a bounty and free of expense, 
in tracts of one hundred acres to each male person 
not less than eighteen years of age who should be- 
come an actual settler upon the land at the time of 
such conveyance ; and whatever part of the tract not 
thus conveyed to actual settlers within five years, 
was to revert to the United States. A patent was 
issued accordingly, May 10, 1792. ^-^^ 

This tract is situated in Washington and Mor- 
gan counties, immediately south of "Israel Ludlow's 
Survey, ' ' in ranges eight, nine, ten and eleven of the 
Ohio River Survey, and is known as "The Donation 
Tract," altho it is sometimes referred to as the Ohio 
Company's "Third Purchase." 

(3) L. H. O. U., 43. 

(4) 1 L. U. S., 494. 

(5) Washington County Deed Book 1, page 122. 

2(U 



() IT T O L A N I) S 

To accomplish the purpose for which this tract 
was set aside, it was necessary to subdivide it into 
parcels of one hundred acres each; but as its sub- 
division into townships and the townships into sec- 
lions, as provided by the land ordinance, would not 
permit this to be done, some other plan of subdivision 
was necessary. Besides, settlements were desired 
to be made at different places before the entire tract 
could be subdivided upon any general plan. It was 
also necessary to subdivide the land immediately sur- 
rounding each proposed settlement into such number 
of one hundred acre lots as the demand required. 
Therefore, the entire tract was necessarily first sub- 
divided into settlements, or "Allotments," and the 
allotments, in turn, were subdivided into one hun- 
dred acre lots, or, in some instances, into parcels of 
which two or more would equal one hundred acres. 
The lots in each allotment w^ere numbered from one 
to the highest number within the allotment. 

Whatever part of this tract that was not convey- 
ed to actual settlers within five years by the Ohio 
Company, reverted to, or rather remained in the 
United States. <i' However, after the expiration of 
that time nothing was done about its disposal until 
1818, <^) when congress required Rufus Putnam and 
the surviving patentees in trust, to report to the sur- 

(6) 1 L. U. S., 261; 3 U. S. S. L., 409. 

262 



OHIO LANDS 

veyor general the quantity and location of the land 
conveyed by them to actual settlers, according to the 
act of 1792; directed the surveyor general to sub- 
divide the residue in the same manner as required of 
other public lands, or, if he thought best, into tracts 
of one hundred acres each, conforming to the plan 
on which the lots granted to actual settlers had been 
laid off, and provided that such part of the tract as 
belonged to the United States, with the exception of 
the usual proportions for the support of schools, 
should be sold for not less than two dollars per acre 
on the same terms and conditions as other "Congress 
lands." 

The subdivision of the allotments into one hun- 
dred acre lots as begun by the Ohio Company, was 
continued thruout the remainder of the tract which 
thereby became an independent, original survey, al- 
tho it is within the Ohio River Survey. The lots, 
however, are also referred to as being within their 
respective townships and ranges. 

As this tract was not subdivided into sections, it 
had no sections sixteen for the maintenance of 
schools. However, in accordance with the act of 
1803, (^^ the secretary of the treasury, in 1805, select- 
ed for that purpose sections eight in each of the four 
townships immediately to the south, and a small 

(7) 3 L. U. S., 541; 2 U. S. S. L., 225. 

263 



OHIO LANDS 

quantity within the Donation tract itself. In mak- 
ing the selections, the Donation tract was considered 
as being subdivided into townships, and the tracts 
thus selected were accordingly assigned to the sup- 
port of the schools of the respective townships for 
which they were each selected. 



204 



CHAPTER 23 

THE OHIO UNIVERSITY LANDS 

The Ohio University at Athens is the oldest col- 
legiate institution northwest of the Ohio river. Its 
conception and establishment are credited to 
Reverend Manasseh Cutler, of Ipswich, now Hamil- 
ton, Massachusetts, a member of the New England 
clergy who considered religion, patriotism and good 
government as necessary elements for the founda- 
tion of homes of settled and contented peoples. 

The plan of setting aside one section of land in 
each township for the maintenance of schools and 
on6 for religion became a fixed principle in the minds 
of the people of the New England states; and that 
all who might aspire to a higher education than that 
furnished by the common schools, should have the 
opportunity of acquiring such advanced education, 
the promoters of the first settlement of the territory 

265 




266 



OHIO L A N I) S 

northwest of the Ohio river planned for land for that 
purpose. So, in 1787, when Dr. Cutler, as agent of 
the Ohio Company, applied to congress for the pur- 
chase of land in Ohio, he insisted upon two town- 
ships of land being appropriated for the support of 
a university. Accordingly, the Continental Con- 
gress, by resolution of July 23, 1787, ^^^ provided 
that "not more than two complete townships 
should be given perpetually for the purpose of an 
university; that they be laid off by the purchasers as 
near the center of the tract as may be and applied to 
the intended object by the legislature of the state." 
Thereupon, two original surveyed townships of 
thirty-six square miles each, to be located by the di- 
rectors of the Ohio Company, as nearly as possible in 
the center of the first tract paid for, were reserved 
for that purpose. ^^^ 

As the 750,000 acre tract, known as the Ohio 
Company's first purchase, was the first tract paid 
for, these two townships were to be located within 
that tract ^^^ ; and the directors of the company, at a 
meeting held December 16, 1795, designated town- 
ships eight and nine of the fourteenth range of the 
Ohio River Survey, which correspond with the civil 

(1) 1 L. U. S., 573: L. H. O. U., 39. 

(2) 1 L. U. S., 491, 574; 2 L. U, S., 276; 1 U. S. S. L., 
257; L. H. O. U., 43. 

(3) L. H. O. U., 43; 2 L. IT. S., 276; 1 IT. S. S. L., 257; 
Washington County Deed Book 1, page 115; 6 U. S. S. L. 8. 



267 



k 



OHIO LANDS 

townships of Alexander and Athens, respectively, in 
Athens county, for the maintenance of the proposed 
university. ^^^ 

Nothing further was done toward establishing 
the university until 1802 when the territorial legis- 
lature ^''^ passed an act creating such institution un- 
der the name of the "American Western University," 
and provided for leasing the lands set aside for its 
support for a period of twenty-one years. 

No attempt was made to establish the "Ameri- 
can Western University," or to carry any of the 
provisions of the act of 1802 into effect, as no one 
could be induced to accept leases and improve the 
land for the short term it specified. 

This act was never expressly repealed, ^^^ but is 
considered to have been included, bj^ implication, in 
the act of 1804, ^'^ by which the "Ohio University" 
was incorporated by the name and style of "The 
President and Trustees of the Ohio University;" 
vested with the two townships, and authorized to 
lease the land for the term of ninety years, renewable 
forever, on a yearly rental of six per centum on the 
amount of the valuation, subject to a revaluation at 
the end of thirty-five, sixty and ninety years from the 

(4) L. H. O. U., 64. 

(5) 1 Sess. 2, G. A. T., 161; L. H. O. U., 92. 

(6) 10 O. R., 235; L. H. O. U., 182. 

(7) 2 L. 0., 193; L. H. O. U., 99. 

2CS 



OHIO LANDS 

commencement of the term of each lease. This act 
is recognized as the charter of the institution. 

There was as much objection to the act of 1804 
as to that of 1802. No leases were taken and much 
dissatisfaction was manifested. No one could be in- 
duced to settle upon and improve the land under a 
title that was liable to be disturbed so frequently, 
especially when land in the adjoining townships 
could be bought outright for one dollar per acre , or 
even less. Persons who had been induced to settle 
upon these lands by those interested in the establish- 
ment of the university, were discouraged; many, 
whose improvements were little, left, while others 
remained, hoping that some relief would be provided. 

As nothing could be done with the land under 
this act. Governor Edward Tiffin, in December of 
1804, reported that fact to the legislature and sug- 
gested that "these lands ought to be valued at a 
generous price once for all." ^^^ Accordingly, in 
February following, the legislature authorized the 
trustees of the university to lease the lands "for the 
term of ninety-nine years, renewable forever, with a 
fixed annual rent of six per centum on the appraised 
valuation." ^'^^ 

With the understanding that the act of 1805 re- 



(8) L. H. O. IT., 128. 

(9) 3 L. O., 79. 



269 



OHIO L A N D S 

pealed the revaluation clause of the act of 1804, 
leases of the lands were readily made. *^^^ The 
leases were signed by the treasurer who affixed the 
seal of the university, under a resolution adopted 
April 5, 1806, by the board of trustees. 'H) In 1841, 
the supreme court held the lands to be subject to re- 
appraisement under the act of 1804, notwithstand- 
ing the act of 1805. '^-^ However, in 1843, the legis- 
lature passed an act construing that of 1805 to mean 
that no revaluation of the lands thus leased should be 
made. '^"^ No reappraisement of these lands has 
been made, and the appraisements made at the time 
of issuing the original leases remain unchanged. 

Meanwhile, provisions were made for the sale 
of the fee in the lands to the lessees. Accordingly, 
in 1826, '1^' the university was authorized to sell and 
convey in fee simple any of these lands to the lessee 
upon his paying to the treasurer of the university 
such sum of money as would yield yearly, at six per 
cent, the sum reserved in his lease. This act was 
modified in 1854, 'i^^ and again in 1883, ^^^^ and is now 
sections 7932, 7933 and 7934 of the General Code. The 
title thus acquired by the lessee has been sustained 



(10) 


L. H. 0. U., 125. 


(11) 


Trustees Record 1, Page 21; L. 11. 0. U., 160. 


(12) 


11 0. R., 134. 


(13) 


41 L. O. L., 144. 


(14) 


24 L. 0., 52. 


(15) 


52 L. 0.. 175. 


(16) 


80 L. 0., 193. 



270 



OHIO J. A N D S 

by the supreme courts of Ohio, ^'^^^ and of the United 
States ^^^^ in the case of Armstrong vs. Treasurer. 

The land within these townships is subdivided 
into lots called "Lease lots," or, sometimes, "Farm 
lots," of various sizes and shapes. The lots are 
numbered consecutively, but different systems were 
used in the two townships. In the eighth township 
the lots are numbered in each section from one to the 
highest number within the section ; while in the ninth 
township they are numbered from one to the high- 
est number within the township, by beginning with 
number one in the southeast corner of the township, 
and, with few exceptions, numbering those within 
the first row of sections to the north side of the 
township, and beginning again in the next row of 
sections to the west, and on the south side of the 
township, and numbering to the north, etc., until the 
northwest corner of the township is thus reached. 

No land was reserved in either township for the 
maintenance of schools or for the purposes of 
religion. The secretary of the treasury, however, 
set aside section eleven in the fourth township of 
the thirteenth range for the maintenance of schools 
in the eighth, or Alexander township, and section 
eleven in the twelfth township of the fifteenth range 
for the schools iri the ninth, or Athens township. 

(17) 10 O. R., 235. 

(18) 16 Peters, (U. S.) 281. 



271 



I 



CHAPTER 24 

THE SYMMES PURCHASE 

Like Robert Morris and other patriotic men of 
means, Judge John Cleves Symmes contributed 
liberally of his private resources to the support of the 
Continental army under Washington while on its 
retreat thru New Jersey. Washington gave him 
certificates of indebtedness for the amount thus con- 
tributed; but as the country was bankrupt Judge 
Symmes still held the claims in 1787, when the propo- 
sition of the Ohio Company to buy land in Ohio with 
army bounty warrants suggested that he do likewise 
with his certificates of indebtedness. 

In the summer of 1786, Benjamin Stiles, a friend 
of Judge Symmes, spent some time at Limestone, 
now Maysville, Kentucky, when several of his horses 
were stolen by the Indians. Stiles led a party in 
pursuit across the Ohio river, and up between the 
Miamis, as far north as the present site of Xenia, but 



OHIO 



LANDS 



BUTLER 




CLERMONT 



THE SYMMES PURCHASE 



273 



OHIO LANDS 

without overtaking the Indians or recovering his 
horses. He was so impressed, however, with the fer- 
tility of the soil and the desirableness of the land for 
settlement that he returned home sooner than he had 
intended and enthusiastically told his acquaintances 
of the possibilities of the country between the Miami 
rivers, and of his desire to settle upon it. Judge 
Symmes became much interested in the territory and 
induced a number of his friends to join him in its 
purchase. To advertise the project and induce 
others to become interested. Judge Symmes issued 
a prospectus in pamphlet form, entitled "Terms of 
Sale and Settlement of the Miami Lands," setting 
forth the advantages of the land and a plan by which 
it could be purchased. ^^^ 

As the plan of the Ohio Company to purchase 
land, which had just been acted upon by the Conti- 
nental Congress, appealed to them, Judge Symmes 
on behalf of himself and associates proposed to that 
body, in August, 1787, (2) to buy all the land between 
the two Miami rivers, lying south of the west pro- 
longation of the north line of the tract to be purchas- 
ed by the Ohio Company, upon the same terms and 
conditions granted that company, except that one 
township only, should be assigned for the benefit of 

(1) 12 O. L. R., 577, 588; 13 O. L. R., 501; 5 Arch., 156; 

1 Howe, 746. 

(2) 1 L. U. S.. 494. 

274 



OHIO LANDS 

an academy. As evidence of good faith they paid 
into the treasury $82,000.00. At that time no sur- 
vey of this territory had been made, and, of course, 
there were no means of knowing how much land this 
general boundary would include. It was estimated, 
however, to be about two million acres, and Judge 
Symmes, assuming he would get that amount, acted 
accordingly. 

After making the proposition, and without 
awaiting its acceptance, Judge Symmes, anxious to 
prepare the land for settlement, immediately began 
his journey to visit his purchase. Congress, mis- 
taking his zeal, assumed that he intended to obtain 
possession of the land and then ignore its rights. 
Accordingly a resolution was passed, ordering 
Colonel Harmar, then located near Pittsburg, to dis- 
possess him, if necessary; that the expenses of such 
action be paid out of the money advanced by Judge 
Symmes and the balance returned to him. Two of 
his associates were members of that body, and they 
made such explanation of Judge Symmes' action as 
to satisfy Congress that his intentions were not im- 
proper and the resolution was withdrawn. Congress, 
therefore, did nothing with the proposition until 
October 2, 1787, when it directed the board of treas- 
ury to contract with Judge Symmes and his asso- 
ciates for the land. ^^^ 



I 



(3) 1 L. U. S., 495, note. 

275 



OHIO LANDS 

Meanwhile a messenger had been dispatched af- 
ter Judge Symmes and he was informed of the effect 
of his hasty action. Whereupon he gave General 
Jonathan Dayton and Daniel Marsh, two of his asso- 
ciates, power of attorney to act for him in all re- 
spects and to complete the contract in such manner 
and upon such terms as they might deem proper. He 
then continued his journey. 

The contract, ^^^ however, was not made until 
October 15, 1788, when the tract of land was describ- 
ed as consisting of but one million acres lying east of 
the Great Miami river, and extending only twenty 
miles from the mouth of that river as measured by 
the meanders of the Ohio. Sections 16 were re- 
served for school, 29 for religion, and 8, 11 and 26 for 
the future disposition of congress, but no provision 
was made for the reservation of land for an academy 
or college. 

It was impossible to determine the eastern 
boundary of a tract of which one side was a line so 
irregular as the Great Miami river, especially when 
it was further complicated by an uncertain and vague 
base of twenty miles measured with the meanders of 
ihe Ohio river, and also when the latter river was 
not at right angles with the former. Besides, such 
limitations were not a part of the original proposi- 

(4) For copy, see Hamilton county Deed Book V, 57. 
2T6 



OHIO LANDS 

tion made by Judge Symmes and he could not har- 
monize them with his understanding of what should 
have been provided. He, therefore, ignored that 
part of the contract and proceeded to survey and sell 
all the land between the two Miami rivers. 

No surveys had been made prior to 1792 deter- 
mining the north boundary of the land which Judge 
Symmes and his associates had contracted to pur- 
chase, and it was feared their claims might conflict 
with that of the Indians, who, in the treaty of Fort 
Harmar, January 9, 1789, ^^^ had surrendered their 
rights to all land lying south of the line subsequently 
adopted at Greenville. Congress, therefore, April 
12, 1792, ^^) passed an act altering the contract so as 
to include all the land lying between the Great and 
the Little Miami rivers and extending only so far 
north as to contain one million acres, provided it did 
not interfere with the boundary line established by 
the treaty of Fort Harmar. 

Since the tract was thus limited, in its east and 
west boundaries, by the two Miami rivers, it could 
not, of course, extend farther north than the source 
of either river. That of the Little Miami was the 
most southern, and, consequently, its source marked 
the northern boundary of the tract. To determine 

, (5) 1 L. U. S., 393; 7 U. S. S. L., 28. 

' (6) 2 L. U. S. 270; 1 U. S. S. L., 251. 

277 



i 



OHIO LANDS 

the quantity of land, Israel Ludlow surveyed a line, 
since known as "Ludlow's Survey," from the source 
of the Little Miami river, due west, through range 
eight, to the Great Miami, when it was ascertained 
that less than six hundred thousand acres were in- 
cluded in the contract as thus modified. 

Judge Symmes promjDtly released all claims to 
any land north of that boundary '"^^ and Congress, by 
act of May 5, 1792, ^^^ authorized the president to 
execute letters patent to him and his associates and 
their heirs and assigns in fee simple for such number 
of acres as the amount paid by them under their con- 
tract of October 15, 1788, would pay for at two-thirds 
of a dollar per acre, including one complete township 
of land in trust for the use of an academy according 
to the resolution of October 2, 1787, ^^^ and making 
the reservations specified in the contract. The presi- 
dent was authorized also to convey to them so much 
of another tract of 106,857 acres as they should pay 
for with army bounty warrants according to the 
resolutions of Congress of July 23, '^^ and October 2, 
1787, <^^ delivered to the secretary of the treasury 
within six months. All these tracts, however, were 
to be located within such boundaries as the president 



(7) 1 L. U. S., 495. 

(8) 2 L. U. S., 287; 1 U. S. S. L., 266. 

(9) 1 L. U. S\, 573. 



OHIO LANDS 

might judge expedient, and according to the act of 
April 12, 1792. (6) 

As the tract purchased by Judge Symmes and 
his associates was allowed a reduction of one-third 
for bad lands, (a privilege permitted in no other 
sales than of the two tracts sold to the Ohio Company 
of associates,) ^^^^ they received one and one-half 
acres of land for each acre of army bounty warrants 
delivered. 

Certificates of indebtedness and army bounty 
warrants for rights to land to the face value of $165,- 
693.42, were paid into the treasury, and President 
Washington, September 13, 1794, executed a patent 
^^^^ to Judge Symmes and his associates, and con- 
veyed to him and them, and to his and their heirs and 
assigns, 248,540 acres of land, which, together with 
sections sixteen reserved for schools, twenty-nine for 
religion, one complete township of six miles square 
for an academy, fifteen acres for Fort Washington, 
one mile square to be located at or near the mouth of 
the Great Miami river and sections eight, eleven and 
twenty-six reserved for the future disposition of 
Congress, constituted a tract containing in all 311,682 
acres. It is located in Hamilton, Butler and Warren 
counties. 

(10) 1 L. U. S., 456. 

(11) For copy, see 1 L. U. S., 497; Hamilton county Deed 

Book S, 203. 

2Y9 



OHIO LANDS 

The north boundary of the tract was to be sur- 
veyed and located, within five years after the date 
of the patent, by Judge Symmes and his associates at 
their expense, but governed, however, by the surveys 
of the two Miami rivers as certified to the treasury 
March 24, 1794, by Israel Ludlow, (i^) rp^jg ^orth 
boundary line is the north line of the third "entire" 
range, and is about one and one-half miles north of 
the city of Lebanon. 

Judge Symmes disregarded the eastern limits of 
the tract as provided in the contract of October 15, 
1788, and also contracted to sell land lying north of 
the line to which he was able ultimately to buy. His 
contract was modified, accordingly, several times, 
but Congress, finally tiring of his conduct, refused 
him further aid; but, instead, permitted those who 
had bought land of him beyond the limits of his tract 
to buy it directly of the government at the rate of 
two dollars per acre. ^^^^ 

The territory between the Miami rivers, used as 
a passage way by the Indians to the north and the 
early settlers in Kentucky, had been the scene of so 
many bloody conflicts that it was termed the "Miami 
Slaughter House," '^^ To protect the settlers on the 
Symmes tract a detachment of troops from Fort 

(12) 1 L. U. S., 497. 

(13) 1 U. S. S. L., 728; 3 L. U. S. 264, 428, 502, 554, 599, 

600: 2 U. S. S. L., 112, 179, 236. 

280 



OHIO LANDS 



I 




15 ACRE TRACT 
FORT WASHINGTON 



281 



OHIO LANDS 

Harmar landed in 1789, on the present site of Cin- 
cinnati, built a fort and named it Fort Washington. 
(14) When selling the land to Judge Symmes, the 
government reserved fifteen acres at and near the 
fort. *^^^ Abandoning the fort later, Congress, in 
1806, directed the secretary of the treasury to sub- 
divide this tract into town-lots, streets and avenues in 
such manner as he might judge proper, conforming 
as nearly as possible to the original plan of the town, 
and that the register of the land office at Cincinnati 
should sell the lots at public sale. ^^^^ 

The residence of Judge Symmes, at North 
Bend, was burned in 1810, and virtually all the origi- 
nal field notes of the survey of the lands purchased 
by himself and associates were destroyed. There- 
upon the legislature, in 1811, authorized the record- 
ers of Hamilton, Butler and Warren counties, to re- 
cord such notes pertaining to the land in their 
respective counties, as were then possible to ob- 
tain. '1^) In 1814, the legislature appointed a com- 
mittee of three persons, one from each of the 
counties of Hamilton, Butler and Warren, to collect 
all copies possible of the field notes of the original 
survey of the Symmes Purchase, and, after being 

(14) 3 Arch., 303. 

. (15) 1 L. U. S., 495, 497; 2 L. IT. S.. 270, 287; 1 U. S. S. L., 
251, 266. 
(16) 4 L. U. S., 6; 2 U. S. S. L., 352. 
(17) 9 L. O., 6. 



OHIO LANDS 
satisfied of their genuineness, to have them recorded 
in the respective counties in which the land to which 
the notes might relate, should lie. ^^^^ Again in 1822, 
the legislature appointed a committee of three, one 
from each of the counties, to "procure, if in their 
power, the original terms of sale and settlement of 
the Miami lands as published by John Cleves 
Symmes at Trenton, in 1787, and also the original 
books of entries kept by the register of the Miami 
land office in which are entered the locations or en- 
tries of lands sold, and the applications and grants 
of forfeiture," and to have copies of such as they 
might obtain, recorded in each county. ^^^^ The 
record of these field notes, or papers, thus recorded, 
or duly certified copies of them, are admissible as 
evidence in all courts where the original would have 
been legal evidence. 

(18) 12 L. C, 31; 13 L. O., 33. 

(19) 21 L. O. L., 13. 



I 



2S3 



CHAPTER 25 

THE REFUGEE TRACT. 

Many persons in Canada and Nova Scotia deep- 
ly sympathized with the colonists in their struggle 
for freedom. Some did this so openly as to invite 
persecution and the confiscation of their property 
which forced them to flee their country and seek 
refuge in the colonies. The American colonists, in 
grateful recognition of the loyalty and sacrifices of 
these refugees, endeavored to reward them as best 
they could. Being poor in everything but land, of 
which they had an abundance, that resource was 
deemed the most available. In due time, therefore, 
all who had thus suffered were given, upon applica- 
tion, land in proportion to their respective losses. 

The first step to that end was taken by the Con- 
tinental Congress in 1783, '^^ when it expressed its 

(1) 1 L. U. S., 577. 

284 



OHIO LANDS 

"lively sense of the services" of Brigadier General 
John Hazen and other Canadian refugees and 
promised to compensate them with land as soon as 
it was possible to do so. A like promise was made 
also, in 1785, ^^^ to Jonathan Eddy and other refugees 
from Nova Scotia. In the land ordinance of 1785, 
^2) the Continental Congress endeavored to reserve 
"three townships adjacent to Lake Erie" for the use 
of these refugees, but as that land belonged to Con- 
necticut it could not be appropriated for that pur- 
pose. 

In 1798, ^^^ Congress, recognizing these obliga- 
tions thus expressed by the Continental Congress, 
directed the secretary of M^ar to give notice in news- 
papers published in Vermont, Massachusetts, New 
York, New Hampshire and Pennsylvania, to all per- 
sons claiming under those resolutions, to file with 
him an account of their claims within two years. All 
claimants were required to have been residents of 
one of the provinces of Canada prior to July 4, 1776, 
and to have had to abandon their settlements there in 
consequence of having given aid to the colonies dur- 
ing the Revolutionary War ; or, with the intention of 
giving such aid, had remained in the colonies while 
that war lasted and had not returned to reside in the 
dominion of the King of Great Britain prior to 

(2) 1 L. U. S. 568. 

(3) 3 L. U. S., 37; 1 U. S. S. L., 547. 

285 



I 




C/5 

Q 
< 

w 
w 
O 

w 

w 
H 



286 



OHIO LANDS 

November 25, 1783. In 1810 the provisions of this 
act were extended also to the widows and heirs of 
such persons as may have died within the United 
States, or in their service during that war. ^^^ 

The secretaries of war and the treasury were 
directed to examine the testimony of all claimants 
and determine the quantity of land which each 
should be allowed "in proportion to the degree of 
their respective services, sacrifices and sufferings in 
consequence of their attachment to the cause of the 
United States." This proof later could be made 
also before the judge of any court. ^^^ No claim, 
however, was permitted to be assigned until after 
the land had been granted to the person found en- 
titled to it. 

By the act of February 18, 1801, (S) the claims 
were to be located by the secretary of the treasury, 
by lot, in those fractional townships of the sixteenth, 
seventeenth, eighteenth, nineteenth, twentieth, 
twenty-first and twenty-second ranges of the Ohio 
River Survey, adjoining the southern boundary line 
of the United States Military Lands. The surveyor 
general was required to subdivide those townships 
into half sections containing 320 acres each, but as 
John Matthews and Eben Buckingham had sub- 

(4) 4 L. U. S., 246; 2 U. S. S. L., 556. 

(5) 3 L. U. S., 420; 2 U. S. S. L., 100. 

287 



OHIO LANDS 

divided them into sections in May, 1799, it remained 
only to divide the sections into two parts v^hich 
Elnathan Schofield did in 1801. 

These fractional tovv^nships, aggregating one 
hundred and three thousand, five hundred and 
twenty-seven acres, and located in Franklin, Fair- 
field, Perry and Licking counties, were thereupon 
set aside and reserved to satisfy the claims of these 
refugees; or, more properly, they constituted the 
tract within which the lands thus given were to be 
located. For that reason it has since been known 
as the "Refugee Tract." 

By various acts of Congress ^^^ there was award- 
ed land within this tract to sixty-seven claimants, to 
the amount of fifty-eight thousand and eighty acres, 

as follows : 

Martha Walker, widow of 

Thomas Walker 2240 Acres 

John Edgar 2240 Acres 

P. Francis Cazeau 2240 Acres 

John Allen 2240 Acres 

Seth Harding 2240 Acres 

Samuel Rogers 2240 Acres 

The heirs of James Boyd 2240 Acres 

Jonathan Eddy 1280 Acres 

Colonel James Livingston 1280 Acres 

Parker Clark 1280 Acres 

The heirs of John Dodge 1280 Acres 

(6) 3 L. U. S., 420, 557, 587; 4 L. U. S., 414; 2 U. S. S. L., 
242, 270, 712. 

288 



OHIO LANDS 

Thomas Faulkner 960 Acres 

Edward Faulkner 960 Acres 

David Gay 960 Acres 

Martin Brooks 960 Acres 

Lieutenant Colonel Bradford. . . 960 Acres 

Noah Miller 960 Acres 

Joshua Lamb 960 Acres 

Atwood Fales 960 Acres 

Charlotte Hazen, widow of Moses 

Hazen 960 Acres 

Chloe Shannon, wife of James 

Noble Shannon and rehct of 

Obadiah Ayer, deceased. ..... 960 Acres 

The heirs of Elijah Ayer 960 Acres 

The heirs of Israel Ruland 960 Acres 

The heirs of Nathaniel Reynolds 960 Acres 

The heirs of Edward Antill 960 Acres 

Joshua Sprague 960 Acres 

John Starr 960 Acres 

William How 960 Acres 

Ebenezer Gardner 960 Acres 

Lewis F. Delesdernier 960 Acres 

John McGown 960 Acres 

Jonas C. Minot 960 Acres 

The heirs of Simeon Chester 960 Acres 

Jacob Vander Heyden 640 Acres 

John Livingston 640 Acres 

James Crawford 640 Acres 

Isaac Banks 640 Acres 

Major B. Von Heer 640 Acres 

Benjamin Thompson 640 Acres 

Joseph Bindon 640 Acres 

Joseph Levittre 640 Acres 

Lieutenant William Maxwell 640 Acres 

John D. Mercier 640 Acres 

James Price 640 Acres 

Seth Noble 640 Acres 



289 



OHIO LANDS 

Martha Bogart, relict of Abra- 
ham Bogart and formerly 

relict of Daniel Tucker 640 Acres 

John Halsted 640 Acres 

Robert Sharp 640 Acres 

John Fulton 640 Acres 

John Morrison 640 Acres 

James Sprague 320 Acres 

David Dickey 320 Acres 

John Taylor 320 Acres 

The heirs of Gilberts Seamans, 

deceased 320 Acres 

The heirs of Anthony Burk 320 Acres 

Elijah Ayer, Jun 320 Acres 

David Jenks 320 Acres 

Am.brose Cole 320 Acres 

James Cole 320 Acres 

Adam Johnson 320 Acres 

The widow and heirs of Colonel 

Jeremiah Duggan 320 Acres 

Daniel Earl, Junior 320 Acres 

John Paskell 320 Acres 

Edward Chinn 320 Acres 

Joseph Cone 320 Acres 

John Torreyre 320 Acres 

Samuel Fales 160 Acres 

Total 58,080 Acres 

Since little more than one-half the land within 
the tract was claimed by the refugees, their widows 
or heirs, within the time allowed, Congress in 1816, 
'"^^ at the request of the legislature of Ohio, ^^^ di- 
rected the remainder to be attached to the Chilli- 

(7) 6 L. U. S. 133; 3 U. S. S. L., 326. 

(8) 14 O. L., 469. 

290 



OHIO LANDS 

cothe land district and sold by the register of that 
land office to the highest bidder for not less than 
$2.00 per acre on such day as the president should 
designate ; and that such part not so sold within six 
days, should be sold by the register of that office at 
private sale, in the same manner provided by law for 
the sale of other public lands in the district. These 
latter tracts when sold, therefore, became, in fact, 
"Congress Land," notwithstanding they were with- 
in the so called "Refugee Tract." 

Several refugees failed to claim land before the 
privilege had been withdrawn and the balance of the 
tract had been placed on sale with other public lands. 
Congress, however, endeavored to care for such per- 
sons and, in 1827, extended the provisions of the 
several acts relating to the refugees, to the heirs of 
Gregory Strahan and permitted them to locate in 
Arkansaw, the amount to which they should be 
entitled. ^^^ Andrew Wesbrook was granted a 
patent in 1828, for 1280 acres to be located on any 
unsold land; ^^^^ while in 1834, the heirs of Lieuten- 
ant Colonel Richard Livingston v/ere granted the 
privilege of locating the amount to which they should 
be entitled on any land subject to entry at private 
sale. ^^^^ In 1831 the president was authorized to is- 

(9) 7 L. U. S., 593. 

(10) 8 L. U. S., 79. 

(11) 6 U. S. S. L., 570. 

291 



OHIO LANDS 

sue a patent to John Gough for a quarter section of 
land near Vincennes, Indiana, and the law for the 
correction of errors in the purchase of the public 
lands was made applicable to erroneous location of 
warrants by the refugees. ^^"^^ 

No reservation was made of land in these frac- 
tional townships for the support of their schools. 
To provide them with their respective proportions of 
land for that purpose, the secretary of the treasury, 
under the act of 1803, ^^^^ selected it in the adjoining 
townships in Perry, Fairfield and Franklin counties. 
Each fractional township was thus given section 15 
in the township immediately south of it, except frac- 
tional township 5 of the 22nd range which was given 
section 21 of township 11 of the 21st range. ^^^^ 

(14) 8 L. U. S., 497; 6 U. S. S. L., 467. 

(12) 3 L. U. S., 541; 2 U. S. S. L., 225. 

(13) L. L. 0., 160. 



CHAPTER 26 

THE FIRE LANDS 

While no great battles were fought on the soil of 
Connecticut during the Revolutionary war, yet the 
British macb several raids upon different towns in 
that state and did much damage to property owned 
by its inhabitants. This damage was so extensive 
that those who suffered losses felt they should be 
compensated, and therefore, petitioned the legisla- 
ture for relief. For a while the state abated their 
taxes but that fell short of compensation. In May 
of 1787. the legislature was again appealed to, and 
the committee to which the application was referred, 
reported, a few months later, the many losses suffer- 
ed by these petitioners and advised that they be re- 
imbursed by the state. The committee also report- 
ed that the only resource possessed by the state with 
which to pay these losses was its western land. ^^^ 

(1) See The Connecticut Western Reserve. 
293 



I 




THE FIRE LANDS 



294 



OHIO LANDS 

This report was approved, but no further action was 
taken until 1791, when the legislature appointed a 
committee of three to ascertain and report the losses. 
The task was a difficult one and required about one 
year to complete it. According to the report ^^^ 
about eighteen hundred and seventy persons resid- 
ing in nine towns, were found to have suffered losses. 
Of these, 289 resided in Norwalk ; 283 in Greenwich ; 
269 in Fairfield ; 186 in Danbury ; 410 in New Haven 
and East Haven combined; 275 in New London; 65 
in Ridgefield and 93 in Groton. The greatest num- 
ber were of the town of Norwalk, while those of New 
London lost the most in value. The total loss re- 
ported, however, amounted to $602,265.75 and 
varied, in individual amounts, from $13,792.88 lost 
by Nathaniel and Thomas Shaw, of New London, to 
49 cents lost by Michael Judah, of Norwalk; or an 
average of about $322.00 to each claimant. ^^^ 

Thereupon the legislature of Connecticut, May 
10, 1792, granted to these sufferers, their heirs and 
assigns forever, or, if dead, to their legal representa- 
tives, five hundred thousand acres off the west side of 
the land belonging to that state lying west of the 
state of Pennsylvania, to be divided among them in 
proportion to their respective losses. ^^^ 

(2) For list of names and losses, see L. L. 0., 81. 

(3) 2 Arch., 475; 10 Arch., 435. 

(4) L. L. 0., 81. 

295 



OHIO LANDS 

The tract thus set aside consisted of ranges 
twenty, twenty-one, twenty-two, twenty-three and 
twenty-four of the Connecticut Western Reserve, ex- 
tended north into Lake Erie to the International 
boundary line and included about 781 square miles. 
It also includes all the present county of Huron, near- 
ly all of Erie, one township in Ashland, and a small 
part of Ottawa. 

The grant of the land, however, did not complete 
the settlement of the claims. Many problems had 
to be solved before the beneficiaries could avail them- 
selves of its use. It was located many hundreds of 
miles away, in territory to which the Indian title had 
not been obtained, and where it was unsafe for the 
white man to settle. Besides, the many persons in- 
terested in the land and the varied interests possess- 
ed by each, presented many further difficulties ; and 
it was not until October of 1796, and after the 
Indians, by the treaty of Greenville, had released 
their claim to that part of the reserve lying east of 
the Cuyahoga river, that any plan of subdividing and 
settling the land could be completed. 

The great number of persons interested, resid- 
ing in many different places, prevented united 
action. So, in October of 1796, ^^^ the legislature 
of Connecticut constituted the proprietors, or own- 

(5) L. L. C, 101, 105. 

296 



OHIO LANDS 

ers, of the land a corporation by the name of "The 
Proprietors of the Half Million Acres of Land, lying 
south of Lake Erie/' and authorized that corporation 
to hold the land for its proprietors and their heirs and 
assigns. The proprietors of each respective town 
were authorized to select one agent for each ten 
thousand pounds, or fractional part thereof, of losses 
suffered by its inhabitants, to represent them in the 
corporation ; and in voting for such agent each per- 
son who had suffered loss had one vote for each one 
hundred pounds, or fractional part, lost by him, but 
no person was entitled to cast more than ten votes. 

The board of agents of this corporation had full 
power to extinguish the Indian title, to survey and 
locate the land, to partition it into townships, or 
otherwise, and to do whatever else should appear 
necessary, or proper, for the interests of the 
proprietors. 

However, since the land was located in Ohio, it 
was deemed desirable to incorporate also under the 
laws of that state. Accordingly, the legislature in 
1803, (^^ constituted these owners and proprietors a 
body corporate by the name of "The proprietors of 
the half million acres of land lying south of Lake 
Erie, called Sufferers' Land." The board of di- 
rectors consisted of nine persons of whom one was 

(6) 1 L. O., 106. 

297 



OHIO LANDS 

selected by the proprietors of the respective towns 
where losses had been suffered. These directors 
had the same power to extinguish the Indian title, to 
survey, locate and partition the land that had been 
given the agents by the Connecticut corporation. 
The record of the proceedings of these companies 
and the survey of the land are on file with the 
recorder of Huron county. •'^^ 

(7) 10 L. O., 163; 10 Arch., 220; 13 O. R., 430. 



298 



CHAPTER 27 

THE DOHRMAN TRACT. (^ 

At the beginning of the Revolutionary war 
Arnold Henry Dohrman, a subject of the Nether- 
lands, resided in Lisbon, Portugal. He was a pros- 
perous merchant with an extensive trade, but his 
love of liberty for the colonists while that war 
progressed led to his financial failure. 

During that war Mr. Dohrman supplied the 
United States with large amounts of clothing and 
other warlike material and furnished many Ameri- 
can prisoners, carried into the ports of his adopted 
country, with money and other necessaries. Fre- 
quently his own house was the hospital and the home 
of whole crews of captive seamen whom he lodged 
and fed for considerable periods of time. 

As early as 1780, Patrick Henry wrote the com- 

(1) 23 Arch. 227. 

299 



OHIO LANDS 

mittee on foreign affairs in Congress of Mr. Dohr- 
man's good work and great sacrifices, while Jefferson 
also wrote him commending his valuable services to 
the union. So, in June of that year, that committee 
reported to Congress the many humane and bene- 
volent acts thus extended by Mr. Dohrman. Where- 
upon a resolution was passed appointing him agent 
for the United States in the Kingdom of Portugal 
but without salary, authorizing him to extend to such 
of our citizens as might applj^ whatever relief he 
might deem proper and directing him to render a 
bill for such expenditures. Congress also assured 
him that it would take pleasure in refunding him 
whatever amount he might thus expend at its 
earliest opportunity. 

July 19, 1786, Mr. Dohrman presented a state- 
ment to Congress and asked that body to reimburse 
him the sum of $26,084.24 which he claimed to have 
spent in behalf of the United States. However, as 
satisfactory vouchers could be presented for but 
?5,806.80, settlement was delayed until October 1, 
1787 when he was paid that amount only. The 
balance of $20,277.44 was not paid, but Congress, 
desiring to acknowledge in the most honorable man- 
ner the eminent services rendered by Mr. Dohrman, 
paid him a salary of sixteen hundred dollars per year, 
computed from the time his expenditures began, and 
also allowed him to make choice of any township of 

300 



I 



OHIO LANDS 

land out of the last three ranges of the first seven 
surveyed in Ohio. ^^^ 

Without having seen the land and acting upon 
the advice of others, Mr. Dohrman selected the 
thirteenth township of the seventh range of the Ohio 
River Survey and of which one-half is in Harrison 
county and the other in Tuscarawas. 

By act of February 27, 1801 ^^^ the president was 
authorized to issue a patent for this land to Mr. 
Dohrman, "or his legal representatives," in accord- 
ance with the ordinance of October 1, 1787, ^^^ grant- 
ing it to him, and also with the land ordinance of May 
20, 1785, ^^^ which reserved section sixteen "for the 
maintenance of public schools within the township." 
But as this latter ordinance had also reserved sec- 
tions eight, eleven, twenty-six and twenty-nine "for 
future sale," doubt arose as to whether Mr. Dohr- 
man had acquired their title. To remove this doubt, 
Congress, in June of 1834, ^^^ passed an act relin- 
quishing "to the heirs at law of said Arnold Henry 
Dohrman, and not to any other person whatever," 
any claim to said sections which the United States 
might have reserved by the ordinances of 1785 and 
1787. 



(2) 


1 L. U. S. 578. 


(3) 


3 L. U. S. 423; 6 U. S. S. L. 43. 


(4) 


1 L. U. S. 563. 


(5) 


9 L. U. S. 92; 6 U. S. S. L. 573. 



301 



OHIO LANDS 

For many years Mr. Dohrman lived in New 
York City where he engaged in business, but his 
dwelling being twice destroyed by fire, and other mis- 
fortunes befalling him, he was obliged to abandon 
business and mortgage his land to his creditors. This 
prevented his subdividing and selling it to advantage, 
and caused it to become a burden, rather than a help, 
to him in his declining years. 

After his failure in New York, Mr. Dohrman 
moved to Steubenville that he might be near his land. 
He died in the latter city, in 1813, when about to de- 
part for Washington to appeal to Congress for that 
charity which he himself, in better days, had been so 
free to bestow upon others. Four years later, how- 
ever. Congress granted his widow, Rachel Dohrman, 
an annuity of four hundred dollars and one hundred 
dollars to each of his children until of the age of 
twenty-one. ^^^ 

(6) 6 L. U. S., 223; American State Papers, Claims. Page 508. 



302 



CHAPTER 28 

SALT RESERVATION. 

One of the necessities for which the early set- 
tler felt the most need was salt. With his gun 
and an abundance of game at hand, he could 
easily stay hunger, but he could not so readily pro- 
vide himself with salt which seems so necessary to 
the animal kingdom that its members ofttimes jeop- 
ardized their lives that thej^ might obtain that ar- 
ticle found at the few springs of water containing 
it, even in a weak solution. With the unlimited 
sources of supply of the present day, it is difficult 
now to conceive how" precious salt was but a few 
generations ago. 

Long prior to the advent of the white man in 
Ohio, the wild animals and the Indians, and, un- 
doubtedly, the mound builders as well, had located 
many salt springs called "Deer Licks," where 
friend and foe alike met, notwithstanding the mu- 

303 



OHIO LANDS 



T7 R19 



-R 18 




re R19 \ T 6 



R IS 



THE SCIOTO SALT RESERVATION 



304 



OHIO LANDS 

tual danger thus invited. That no one should obtain 
the land upon which such springs were located, and 
thus acquire a monopoly of a necessity, the national 
government adopted the precaution of reserving 
from sale all land upon which salt bearing springs 
of water might be found. ^^^ However, as the coun- 
try became settled and developed, and salt bearing 
water was found to be general, it became evident 
that the production of salt could not be monopolized, 
and the government thereupon ceased reserving 
from sale the land upon which such springs were 
found. 

The first salt springs in Ohio, discovered by the 
white people, were in Muskingum, Delaware and 
Jackson counties; those in Jackson county being 
known to the English as early as 1755. So, when 
admitting Ohio into the union. Congress, therefore, 
reserved from sale four tracts of land in those coun- 
ties, two in Muskingum and one each in the other 
two, and granted their use to the people of the state 
under such terms as the legislature might prescribe, 
providing the land should never be sold nor leased 
for a longer period than ten years. ^^^ 

The two reservations in Muskingum county con- 
sisted of section thirteen in the thirteenth town- 

(1) 2 L. U. S., 533, 565; 3 L. U. S., 596; 1 U. S. S. L., 464, 490. 

(2) 3 L. U. S., 496; 2 U. S. S. L., 173. 

305 



OHIO 



LANDS 



+■ 



-^- 



oo 



oo 



CO 


4-. 

1 
« 1 

1-- 

,^ 
1 

r 


-A:- 

1 " 


- Hfl .©■!■! = 




^ 


^ J. » 1 2 1 2 1 S 1 S 


1 N' 


1 
1 


1 ; 1 1 1 

J 1 1 1 1 


1 
1 


1 1 1 1 1 
1 1 1 1 1 



306 



t 

i 



() H 10 LANDS 

ship of the twelfth range, and section nine in the 
eleventh township of the thirteenth range of the 
Ohio River Survey, and each, respectively, contained 
six hundred and forty acres. ^^^ The reservation in 
Delaware county consisted of lot one, or the north- 
east quarter, of the fifth township of the eighteenth 
range of the United States Military Survey, and 
contained four thousand acres; while that in Jack- 
son county was the equivalent of one six miles square 
township of 23,040 acres. ^^^ 

The Jackson county reservation did not coin- 
cide with any one original surveyed township, but 
was located in parts of four : The sixth and seventh 
townships of the eighteenth and nineteenth ranges 
of the Ohio River Survey. Its boundaries, however, 
corresponded with the lines of the sections, all of 
which, except the twenty-ninth of the sixth town- 
ship of the eighteenth range set aside for the town 
of Jackson, were subdivided into eighty acre lots 
by a north and south line dividing each quarter sec- 
tion into an east half and a west half. These lots 
were numbered from one to the highest number of 
lots within the respective original surveyed town- 



(3) Town 11 of range 13 is but five sections wide, and conse- 
quently contains but thirty sections. Tliese sections have been num- 
bered continuously from one to thirty, and, after the fifth section, 
none occupy the location provided for by tlie act of 1796, which was 
applied to the sections in adjoining townships. 

(4) 2 L. U. S., 533; 3 L. U. S., 496; 1 U. S. S. L., 464. 

3or 



OHIO LANDS 



R18 




THE DELAWARE 
SALT RESERVATION 



308 



OHIO ]. A N D S 

ships, by beginning with number one at the north- 
east corner of that part of the reservation lying 
within any original surveyed township, and num- 
bering west, thence east, and so on to the southeast 
corner of each part of the reservation lying within 
any such township. 

As early as possible the legislature provided for 
leasing these lands for the manufacture of salt. 
They were cared for by agents, ^^^ and a rental was 
charged for the privilege of making salt. In 1803 
the rental was three cents per gallon per annum for 
the capacity of the kettles or other vessels used. ^^^ 
This rental was reduced from time to time until 
1810, when it was but f5.ve mills. ^'^■^ 

The springs in Jackson county, called the "Scioto 
Salt Springs," were the most extensive and impor- 
tant of any. Consequently, they were the first to be 
operated and soon became the most famous. Wells 
about thirty feet deep were sunk, but, as the water 
was low" in saline matter, it required ten or fifteen 
gallons to make one pound of salt. The salt was 
carried upon pack horses to the various settlements 
and sold, in 1801, for as much as eight dollars per 
hundred pounds. 

(5) 1 L. O., 121, 153; 2 L. 0., 104. 

(6) 1 L. 0., 121. 

(7) 2 L. O., 104; 3 L. 0., 233; 6 U O., Ill; 8 L. O., 228. 

309 



O H I () r. xV X D s 

Meanwhile, the salt springs in Muskingum 
county were also operated somew^hat extensively, but 
those in Delaware county, being limited in their sup- 
ply of water, invited but little attention. 

When Jackson county w^as organized in 1816, it 
was desired to locate a town within the salt reser- 
vation, and the legislature requested congress to 
permit it to sell so much of the land as might be 
necessary for that purpose. ^^^ Thereupon congress 
authorized the legislature to select and sell one sec- 
tion of land and apply the proceeds to the erection 
of a court house, or other public buildings, for the 
use of the county. ^-'^ Section twenty-nine in the sev- 
enth township of the eighteenth range was accord- 
ingly selected, and was sold for $7,196.00. 

In 1824, when appealing to congress for permis- 
sion to sell the school lands, the legislature also re- 
quested permission to sell the salt lands. <^^^ Where- 
upon congress authorized that body to sell and 
convey all the lands thus reserved in Ohio and apply 
the proceeds to such literary purposes as it might 
direct .but "to no other use, intent or purpose what- 
soever." (11^ Accordingly, several acts ^i^) ^g^-e 

(8) 14 L. O., 459. 

(9) G L. U. S.. 63; 6 U. S. S. L., 161. 

(10) 22 L. O. L., 153. 

(11) 7 L. U. S., 334; 4 TI. S. S. L., 79. 

(12) 23 L. C, 32; 24 L. C. 41; 25 L. 0., 39; 25 L. O. L., 34; 26 
L. O., 19; 29 L. O. L., 52; 31 L. O. L., 171; 58 L. O., 33. 

310 



O II T () L A N D S 

passed, providing for the sale of these lands, and, 
in due time all were sold. ^^^^ 

The fund thus realized from the sale of these 
lands accumulated until 1849, when it amounted to 
$41,024.05. ^^^^ This sum appeared each year there- 
after as a part of the irreducible debt of the state 
until 1870, since when it ceased to be accounted 
for (^^) notwithstanding the state, by the act of 1873, 
was to have distributed annually the interest arising 
from the fund "in the same manner as is provided 
for the distribution of the state tax for the support 
of common schools." ^^^^ 

(13) Acts not specifically referred to in the text, concerning, the 
Jackson county reservation: 5 L. O. 68; 10 I.. O., 110; 11 L. O., 78 
12 L. O., 88; 13 L. O., 293; 14 L. O., 290; 15 L. O., 57; 16 L. O., 196 
18 L. O. L.. 48, 60; 20 L. O., 33; 21 L. O. L., 30; 23 L. 0., 32; 27 L. O. 
61; 35 L. O. L., 203; 37 L. O. L., 198; 41 L. O. L., 18; 48 L. O. L., 671 
58 L. 0., 33. The Muskingum county reservations: 7 L. 0., 143, 213 
8 L. C, 215; 10 L. O., 126; 12 L. 0., 173; 16 L. 0., 99; 17 L. O., 130 
18 L. O. L., 69. The Delaware county reservation: 5 L. O., 93; 10 
L. 0., 94; 15 L. 0., 157; 27 L. O. L., 97; 29 L. O. L., 52; 31 L. O. L.., 
171. All reservations: 9 L. O., 76; 33 L. O., 10. 

(14) Report of Auditor of State for 1849, page 15. 

(15) Report of Auditor of State for 1913, page 56. 

(16) 70 L. O., 232; G. C, 7577. 



I 



Bll. 



CHAPTER 29 

THE TURNPIKE LANDS 

Altho the Indians, by the treaty of Brownstown, 
in 1808, granted to the United States a tract of land 
one hundred and twenty feet wide for a roadway 
from Fremont southwardly^ to the Greenville treaty 
line, (^) the general government never provided for 
its establishment. ^^^ Instead, however, congress, in 
1827, appropriated to the state of Ohio for the pur- 
pose of making a road from Columbus to Sandusky 
city, "the one half of a quantity of land equal to two 
sections, on the w^estern side of said road, and most 
contiguous thereto, to be bounded by sectional lines, 
from one end of said road to the other, wheresoever 
the same may remain unsold, to be selected by the 
Commissioner of the General Land Office the whole 
length of said road thru the lands of the United 

(1) 1 L. U. S., 398, 417; 7 U. S. S. L., 49, 112. 

(2) 4 L. U. S. 364; 2 U. S. S. L., 608; 18 L. O. L., 148; 41 L. O. 
L.. 251. 

312 




313 



O 11 I () LANDS 

States, reserving to the United States each alternate 
section." ^^^ 

In lieu of these lands, and to describe those ap- 
propriated instead more definitely, congress, in 1828, 
granted to the state of Ohio, "forty-nine sections of 
land to be located in the Delaware Land District, in 
the following manner, to-wit : Every alternate sec- 
tion through which the road may run, and the sec- 
tion next adjoining thereto on the west, so far as the 
said sections remain unsold, and, if any part of the 
said sections shall have been disposed of, then a 
quantity equal thereto shall be selected under the 
direction of the Commissioner of the General Land 
Office, from the vacant lands in the sections adjoin- 
ing on the west of those appropriated." ^"^^ 

The road was constructed under the act of 1817 
regulating turnpike companies, ^^^ by The Colum- 
bus and Sandusky Turnpike Company, incorporated, 
in 1826, with a capital of one hundred thousand dol- 
lars. (^^ 

The land thus granted, amounting to 31,596.09 
acres, was divided into twenty-eight tracts of which 
the largest contained 1920 acres,and was located in 



(3) 


7 L. U. S., 602; 4 U. S. S. L., 242. 


(4) 


8 L. U. S., 35; 4 U. S. S L., 263. 


(5) 


15 L. 0., 39. 


(6) 


24 L. 0. L., 66. 



314 



OHIO 



LANDS 



Marion, Crawford and Seneca counties. In 1828, the 
legislature declared this land to be for the use and 
benefit of The Columbus and Sandusky Turnpike 
Company for the purpose of building the road, and 
authorized that company to sell the land and the gov- 
ernor to execute deeds to the purchasers. ^'^^ 

(7) 26 L. O., 74; 27 L. 0., 60; 33 L. O. L., 440. 



315 



CHAPTER 30 

THE MAUMEE ROAD LANDS. 

From the time of its settlement in 1633, Detroit 
was the headquarters of the influence of the white 
man over considerable territory. France used it as 
a center of governmental activity until the treaty of 
1763, England until that of 1783 and the United 
States from 1796 until improved facilities for com- 
munication enabled the national government to 
transact business more directly from Washington. 
For a number of years Detroit was, therefore, the 
seat of territorial government where a military post 
and a land office were maintained and much import- 
ant business was transacted. 

But to reach Detroit from the east, it was neces- 
sary to pass along the southern side and around the 
western end of Lake Erie. Much of this country 
was swampy and almost impassable for teams for 
the greater part of the year. However, a dependable 

31G 



OHIO r. A N D S 

roadway thru it was early deemed a necessity. This 
necessity was so obvious that, in 1803, when admit- 
ting Ohio into the union, congress directed the secre- 
tary of the treasury to pay three per cent, of the net 
proceeds of the land in Ohio belonging to the United 
States, sold after June 30, 1802, to such persons as 
the legislature should authorize to receive them, to 
be used in laying out, opening and making roads 
within the state. ^^^ Consequently, by the Browns- 
town treaty of 1808, the United States obtained the 
release of the Indian claim to "a tract of land for a 
road, of one hundred and twenty feet wide, from the 
foot of the rapids of the river Miami of Lake Erie 
to the western line of the Connecticut Reserve, and 
all the land within one mile of said road, on each 
side thereof, for the purpose of establishing settle- 
ments along the same." ^-^ 

In 1811, congress authorized the president to ap- 
point three commissioners to explore, survey and 
mark the road which should be sixty feet wide, and 
appropriated six thousand dollars to defray the ex- 
penses of such preliminary work. ^'^^ In 1816, the 
president was authorized to alter the course of the 
road so that it might pass thru the reservation at 
Fremont, or not exceeding three miles north of it ^^^ 

(1) 3 L. U. S., 541; 2 U. S. S. L., 225. 

(2) 1 L. U. S., 417; 7 U. S. S. L., 112. 

(3) 4 L. U. S., 364; 2 U. S. S. L., 608. 

(4) 6 L. U. S., 61; 3 U. S. S. L., 285. 

317 



i»uac>:.u m\^:in. inniiajNNOO BH 




318 



OHIO LANDS 

The war of 1812, much of which was carried on 
in northwestern Ohio, emphasized the necessity of 
this road. The national government, however, took 
no action in the matter, the state was unable to do so 
itself and the project did not appeal to individuals. 
Nothing, therefore, was done until 1820 when the 
legislature requested congress to use the money ap- 
propriated in 1811, in exploring, surveying and open- 
ing either this road, or the one running south from 
Fremont to the Greenville treaty line, or both, as 
contemplated by that act. ^^^ 

Thereupon congress, in 1823, authorized the 
state of Ohio "to lay out, open and construct a road 
from the Lower Rapids of the Miami of Lake Erie, 
to the western boundary of the Connecticut Western 
Reserve, in such manner as the legislature of said 
state may by law provide, ' ' and granted to the state 
"a tract of land, one hundred and twenty feet wide, 
whereon to locate the same, together with a quantity 
of land equal to one mile on each side thereof and ad- 
joining thereto, to be bounded by sectional lines as 
run by the United States, to commence at the Miami 
Rapids, and terminate at the western boundary of 
the Connecticut Western Reserve, with full power 
and authority to sell and convey the same;" and that 
the right of the state to the land should be complete 
whenever the legislature accepted the duty of build- 

(5) 18 L. O. L., 148; 19 L. O., 205. 
319 



OHIO LANDS 

ing the road. ^^^ The legislature promptly accepted 
the trust, ^^^ and, in 1825, appropriated twenty-five 
thousand dollars to be used in constructing the road. 
(^) The legislature also provided for the sale of the 
land and that the governor should execute deeds to 
the purchasers. ^^^ 

To confirm the title to these lands in the state of 
Ohio which had complied with the conditions upon 
which they, had been appropriated, congress, in 1833, 
granted to it "all right or title of the United States, 
acquired by the treaty of Brownstown, in a certain 
road from the foot of the rapids of the Miami of the 
Lake to the western line of the Connecticut Western 
Reserve. ^^^^ 

The road thus provided for extended from the 
Maumee river at Perrysburg in Wood county, direct- 
ly to P'remont in Sandusky county, and from there, 
directly to Bellevue in the southeast corner of San- 
dusky county on the west line of the Connecticut Re- 
serve, a distance of about forty-six miles. The lands 
thus appropriated, known as the "Maumee Road 
Lands," constituted a tract about two miles wide, 
being about one mile on each side of the road, in 
Wood and Sandusky counties, and amounted to 
about sixty thousand acres. 

(6) 7 L. U. S., 118; 3 U. S. S. L., 727. 

(7) 21 L. O. L., 55. 

(8) 23 L. 0., 33. 

(9) 22 L. O. L., 128; 24 L. O., 64. 
(10) 9 L. U. S., 888; 5 U. S. S. L., 296. 

320 



CHAPTER 31 

THE CANAL LANDS. 

As Ohio increased in population transportation 
facilities became increasingly important, and while 
the natural bodies of water and streams were used 
as avenues of traffic, they could accommodate but a 
limited portion of the inhabitants. To reach those in 
the interior of the state artificial waterways, or 
canals, were conceived. The first time the building 
of canals in Ohio was brought to attention in a pub- 
Kc manner was, in 1818, in the inaugural address of 
Governor Brown who has been referred to as the 
"Father of the Canals. '^ 

In 1820, the legislature provided for the appoint- 
ment of a committee to locate a route for a canal be- 
tween Lake Erie and the Ohio river, and applied to 
congress for a donation and also for a grant of land 
to aid in the building of a canal upon such route as 
might be found the most suitable. It was requested 

321 



I 



OHIO L A X D s 

that the donation be not less than two miles wide 
along the route, and that the grant be from one to 
two million acres, at not to exceed $1.25 per acre. ^^^ 

Congress, thereupon, Iw the acts of 1828 ^-^ and 
1830, (^) granted to the state, to aid it in extending 
the canal from Dayton to Lake Erie, a quantity of 
land equal to one half of five sections in width on 
each side of the canal between Dayton and the Mau- 
mee river, so far as it should be located through the 
public lands, reserving, however, to the United 
States each alternate section unsold. 

Congress also granted to the state five hundred 
thousand acres to be selected from any lands belong- 
ing to the United States within Ohio, to aid the state 
to pay the debt it had contracted in the construction 
of canals. The state, under the authority of the leg- 
islature, was given the power to sell and convey in 
fee simple the whole or any part of these lands, pro- 
vided that the canals should be public highways, the 
United States should be permitted to use them free 
of charge and that the legislature of Ohio should ex- 
press the assent of the state to the several provisions 
and conditions of the act granting the lands, which 
was done in December of that year. ^-^^ 



H) 


18 L. 0.. 147. 


(2) 


8 L. U. S., 118; 4 U. S. S. L., 305. 


(3) 


8 L. U. S., 282; 4 IT. S. S. L., 393. 


(4) 


27 L. 0., 16. 



321 



OHIO LANDS 

The proceeds of the first grant were applied to 
the construction of the Miami Canal, while those of 
the latter grant were applied to the construction of 
the Ohio Canal . 

In 1827, congress granted to the state of Indiana, 
for the purpose of building a canal from the Wabash 
river to Lake Erie, a quantity of land equal to one 
half of five sections in width on each side of such pro- 
posed canal, but reserved to the United States each 
alternate section. ^^^ However, in the act of 182S, 
granting land to the state of Ohio ^^^ for the con- 
struction of the Miami Canal, congress also author- 
ized Indiana to release to Ohio, upon such terms as 
those states should agree, all the right and interest 
granted to the former state by the act of 1827, ^^^ to 
any lands thus granted it within the limits of Ohio. 
This agreement v/as effected in 1834. ^^^ Whereupon 
congress authorized the state of Ohio to select a 
quantity of land in Ohio along that route, to be used 
in the construction of the canal. ^^^ These lands are 
known as the Wabash and Erie canal lands. 

The legislature provided in 1829, for the sale of 
the lands thus granted, in half quarter sections to 
the highest bidder and that the governor should exe- 
cs) 7 L. U. S., 585; 4 U. S. S. L., 236. 

(6) 32 L. O. L., 308, 439. 

(7) 9 L. U. S., 110, 829; 4 U. S. S. L., 716; 5 U. S. S. L., 261. 

323 



OHIO LANDS 

cute deeds to the purchasers. ^^^ To encourage the 
sale and settlement of these lands, a deduction of 
thirty-three per cent, from the appraised value was 
allowed, after 1847, to the purchaser of any tract not 
exceeding one hundred and sixty acres, who would 
make affidavit of his intention to reside permanently 
upon the land and improve it. ^^^ 

In 1866, the auditor of state was authorized to 
sell the canal lands then remaining unsold, for the 
best price he could obtain, ^^^^ and, in 1872, the 
board of public works was required to ascertain and 
locate all unsold canal lands and cause an appraise- 
ment of them to be returned to the auditor of 
state. (ii> 

The selection of all the lands made by the state 
of Ohio for canal purposes, under the acts of March 
2, 1827, (5> and of May 24, 1828 <2) was confirmed 
by congress in 1855. ^^^^ 

The lands thus acquired by the state of Ohio to 
aid in the construction of canals, were located in the 
northwestern part of the state. They amounted to 
1,230,521 acres and were divided into three classes: 
One for the Miami Canal, one for the Ohio Canal and 
one for the Wabash and Erie. 

28 L. O., 59. 



634. 

324 



(8) 


27 L. 0. 


, 55; 


(9) 


45 L. 0., 


, 31. 


(10) 


63 L. 0.. 


140. 


(11) 


69 L. 0., 


194. 


(12) 


10 U. S. 


S. L 



1 



CHAPTER 32 

SWAMP LANDS 

In 1850, the national government granted all 
the swamp and overfloAved lands remaining unsold 
after the 2Sth day of September of that year, to the 
respective states in which such lands were situ- 
ated. ^^) Ohio received 25,640 acres, the most of 
which were located in the northwestern part of the 
state in the region known as the "Black Swamps," 
and consisted of land unfit for settlement until it 
had been reclaimed by drainage. 

If, for any reason, any swamp lands were sold 
by the national government after September 28, 1850, 
and before March 2, 1855, the purchase money was 
paid to the state entitled to such land, or other lands 
were given it instead. However, if within ninety 
days after the latter date, the state failed to return 

(1) 9 U. S. S. L., 519. 

325 



() H I C) L A N 1) S 

to the general land office, a list of such lands so sold 
by the national government, the state was not en- 
titled to other lands in the place of those so sold, nor 
to the proceeds for which such lands may have been 
sold. ^^^ In 1857, Congress confirmed to each state, 
respectively, all lands selected as swamp and over- 
flowed lands and reported to the general land office 
prior to March 3, 1857. *3) 

Any land unfit for cultivation without drainage 
was considered swam.p land, while overflowed lands 
were those v/hich were subject to periodical over- 
flows and required levees or embankments to keep 
out water to render them suitable for cultivation. 
The test as to whether certain public lands were 
swamp or overflowed lands ,was whether or not they 
could be successfully, not profitably, cultivated in 
grain or other staple products by reason of the over- 
flow. 

The Secretary of the Interior transmitted to 
the governor of each state containing swamp or over- 
flowed lands, a list and plats of the legal subdivisions 
of all such lands within the state ; and in making out 
these lists and plats the legal subdivisions of which 
the greater parts were wet and unfit for cultivation, 
were classed as swamp and overflowed lands. After 



(2) 10 U. S. S. L., 634. 

(3) 11 U. S. S. L., 251. 



326 



OHIO J. A N D S 

the selections had thus been made, the Secretary of 
the Interior, at the request of the governor of any 
state, caused patents to be issued to such state con- 
veying to it those lands in fee simple, subject, how- 
ever, to the application of so much of the proceeds 
of the sale as might be necessary to reclaim these 
lands by means of drains or levees. 

In 1851, the legislature provided that the net 
proceeds received from the sale of swamp lands 
should be appropriated to the general fund for the 
support of common schools and the interest distrib- 
uted to the several counties in proportion to the num- 
ber of white male inhabitants above the age of twen- 
ty-one years. ^^^ Hov/ever, in 1892, section thirty- 
six in town five, north, of range one east of the first 
principal meridian, in Paulding county, was di- 
rected to be sold and the proceeds, after paying 
$6,150.00 to the county for draining the land, were 
to be credited to the Miami and Erie canal fund. ^^^ 

By the act of 1853, the commissioners of each 
county containing swamp or overflowed lands, were 
to determine the mode of draining such lands and 
to contract for their drainage which was to be paid 
for by the lands themselves at their appraised value. 

(4) 49 L. 0., 40; G. C, 7577. This act was modified, in 188,3, by 
omitting the word "white," to comply with the amendment to the 
federal constitution entitling colored people to equal school rights. 
80 L. C, 39; G. C, 757S. 

(5) 89 L. 0., 232. 

327 



OHIO LANDS 

Upon the completion of the work, deeds were to be 
issued by the governor of the state; and any such 
land remaining thus undisposed of, was to be sold 
by the county auditor, at its appraised value, to any 
one who would agree to reside upon the land and 
improve it. ^^^ 

The canal commission was authorized, in 1891, 
to survey such swamp and overflowed lands as had 
not been surveyed, and required to file plats of them 
with the auditor of state. *^) In 1894, that commis- 
sion was also authorized to sell whatever of these 
lands it deemed could be sold to the advantage of the 
state. *^^ Virtually all the swamp and overflowed 
lands in Ohio have been sold, and the net proceeds, 
amounting to $25,121.09, known as the "Swamp 
Lands Indemnity Fund," are carried as one of the 
items of the irreducible debt of the state on which 
the interest to January 1, 1914, amounted to 
$41,819.36. (9) 

(6) 51 L. O., S57. 

(7) 88 L. O., 936. 

(8) 91 L. O., 229. 

(9) Report of Auditor of State for 1913, page 72. 



328 



CHAPTER 33 

MISCELLANEOUS GRANTS. 

Washington always had faith in the possibili- 
ties of the Ohio valley. In the darkest hours of the 
revolution^ he expressed himself as believing that if 
the fates of war should go against the colonists they 
could retire west of the Allegheny mountains, found 
an empire and live in safety. 

General Washington, like all others who served 
in the Revolutionary war, was entitled to land war- 
rants for services rendered in that war. He was 
also entitled to land warrants from Virginia for serv- 
ices rendered in the French and Indian war. He 
accepted none for himself in either case. However, 
he purchased a few warrants from others. Among 
these was one for three thousand acres issued by 
Lord Dunmore, Governor of Virginia, to Captain 
John Rootes, a naval officer, under the proclamation 

329 



OHIO LANDS 

of King George III, of 1763, ^^^ for services rendered 
in the French and Indian war, and one for one hun- 
dred acres issued under resolutions of the Conti- 
nental Congress, to Thomas Cope for services ren- 
dered in the Revolutionary war. Washington located 
these warrants, in 1788, upon 3,031 acres in Clermont 
and Hamilton counties and obtained survey No. 1650 
for 839 acres. No. 1765 for 1,235 acres and No. 1775 
for 977 acres. 

However, by failing to comply with the tech- 
nicalities of the law by which warrants issued under 
such proclamation could be used to acquire land 
northwest of the Ohio river, Washington was un- 
able to obtain the title to these surveys ; and patents 
were issued, in 1806, instead to the devisees of Gen- 
eral John Nevill for the first and second surveys and 
to Major Henry Massie for the third. 

The executors of Washington endeavored to re- 
cover this land, but, failing in that, they sought in- 
stead to recover its value thru Congress. Congress 
was appealed to many times, by both the executors 
and the heirs of Washington even as recently as 1910, 
but without success. ^^^ 



Of the many foreigners who offered their serv- 
ices to the colonies during the Revolutionary war, 



(1) 1 L. U. S., 443. 

(2) 19 Arch., 304. 



330 



OHIO LANDS 

none were more popular than General La Fayette; 
and, while he acquired no land in Ohio, yet he came 
so nearly doing so that the historj^ of the proceed- 
ings by which he was given lands elsewhere may not 
be out of place in the history of Ohio lands. 

General La Fayette, at an early age, was left 
with a great fortune. He became so interested in 
the success of the colonies that, in 1777, he fitted out 
a ship, came to America and offered his services to 
Congress without pay or command. He soon be- 
came a favorite and was rapidly advanced until he 
became a major general. After the war he returned 
to France where, in the troublous period following, 
he lost his fortune. 

In grateful recognition of his services. Congress 
passed many acts for his relief. In 1803, it gave him 
land warrants for 11,520 acres, which he could have 
located on any land in Ohio then owned by the United 
States. ^^^ He did not do so, however, and, in the 
following year, Congress permitted him to locate 
that quantity of land in the territory of Orleans. ^^^ 

In 1824, Congress directed the President to in- 
vite La Fayette to the United States as the guest 
of the nation, and assigned a ship to bring him to 

(3) 3 L. U. S., 554, 626; 2 U. S. S. L., 236, 303. 

(4) 3 L. U. S., 629; 4 L. U. S., 54, 360; 10 L. U. S., 676; 2 U. S. 
S. L., 303, 617; 5 U. S. S. L., 729. 

331 



OHIO LANDS 

this country. ^^^ He remained eleven months and 
was everywhere received with the highest honors, 
and Ohio did her part to entertain the "Nation's 
guest." '^^ In December of that year Congress gave 
him two hundred thousand dollars and a township 
of land to be located by the President, in any of 
the unappropriated lands in the United States. ^^^ 



Since the history of the title to real estate is 
sometimes romantic as well as prosaic it may be in- 
teresting to know that five shares of land of 1173.37 
acres each, in the Ohio Company's Purchase, in 
southeastern Ohio, were once owned by Paul Jones 
of Revolutionary naval fame. These shares include 
sections and fractions four, eighteen, twenty-four, 
thirty and thirty-six in the fifth township of the 
thirteenth range of the Ohio River Survey, which 
coincides with the civil township of Canaan, in 
Athens, county. 

The career of Paul Jones, whose proper name 
was John Paul, is full of romance and adventure. He 
was born in Scotland in 1747 and went to sea at the 
age of twelve. He soon became an able sailor, and 
while on a voyage home, when both the captain and 

(5) 7 L. U. S., 332. 

(6) 24 L. 0., 101. 

(7) 7 L. U. S., 333; 6 U. S. S. L., 320. 

332 



I 



OHIO LANDS 

mate had died, he brought the ship in so skillfully 
that its owners appointed him captain. 

In 1773, he settled in Virginia, where an older 
brother resided, and made his home with an influen- 
tial family by the name of Jones. Through the in- 
fluence of the Jones family he was appointed a lieu- 
tenant in the Continental navy, and, in gratitude, 
assumed the name of Jones. He rose rapidly in the 
ranks and soon became a commodore with a fleet of 
five vessels. His skill, dash and daring soon became 
famous and did much to establish the colonies as 
a nation among nations. But his most signal ad- 
venture, which is read with interest by old and 
young, was his battle on the "Poor Richard" with 
two British men-of-war off the coast of Scotland in 
1779 . During this battle he ran his own ship, then 
in a sinking condition, alongside the British frigate, 
"Serapis," lashed them together, and captured the 
latter vessel to which he transferred his own men 
as the Poor Richard went down. 

Jones retained the land in Athens county till his 
death. He never married, and, dying intestate, the 
title passed to Mary Ann Lowden, one of the sisters 
of "Admiral John Paul Jones, alias John Paul, de- 
ceased, ' ' and to several nieces and nephews, of Dum- 
fries, Scotland. Under power of attorney they sold 
this land, in 1818, for five thousand dollars. ^^^ 

(8) Athens County Deed Book 4, pages 4, 12, 71. 
333 



OHIO Iv A N D S 

Thaddeus Kosciusko, the Polish patriot, was so 
imbued with the spirit of liberty that he came to 
America with the French fleet, joined the colonists 
in their fight for freedom, and displayed so much 
military ability that he soon became a brigadier gen- 
eral. His account for services amounted to $12,- 
280.54, for which he was given a certificate, which 
he lost. (^^ Congress, hoAvever, afterwards recog- 
nized his claim for that amount. '^^^ 

As part of the land to which he was entitled 
under warrants issued to those who served in the 
Revolutionary war, ^^^^ General Kosciusko selected 
five one hundred acre lots in the second quarter of 
the second township in the nineteenth range of the 
United States Military Survey, for which President 
Adams issued him a patent in April, 1800. '^-^ 

These lots constituted one tract, were located 
on the east side of the Scioto river, near the Dela- 
ware county line, in Perry township, Franklin 
county, and possess additional historical interest 
from the fact that Leatherlips, a Wyandot chief, 
was executed there in 1810 by members of his own 
tribe for being too friendly with the whites. 



Frederick William Baron de Steuben was born 

(9) Americnn Stste Papers. Claims. Pngo 207. 

(10) 3 L. U. S., 25. 

(11) See The United States Military Tract. 

(12) Franklin County Deed Book 21, page 447. 

384 



OHIO LANDS 

in Prussia and trained to military life with all the 
strictness of Prussian discipline. During the Revo- 
lutionary war he tendered his services to the col- 
onies, became drillmaster of the American army and 
did much for its efficiency. ^^^^ In appreciation of his 
services, the general assembly of Virginia, in 1780, 
granted him fifteen thousand acres of land, ^^^^ while 
the United States, in 1790, bestowed upon him an 
annuity of $2,500.00 (i^) 

Under the acts of Congress granting land for 
military services, ^^^^ his devisees, Benjamin Walker 
and William North, were given, in 1806, a patent, 
signed by President Jefferson, for two tracts of land, 
one for eight hundred acres in the first quarter and 
one for three hundred acres in the third quarter in 
the second township of the eighth range of the 
United States Military Survey which is in Muskin- 
gum township, Muskingum county. ^^^^ 



The community plan of owning and operating 
land was put into practice in the north part of Tus- 
carawas county by about two hundred Germans who 
belonged to a religious sect called Separatists and 
who had sought homes in this country that they 

(13) American State Papers. Claims. Page 11. 

(14) L. L. 0., 116. 

(15) 2 L. U. S., 107. 

(16) Muskingum County Deed Book 143, Page 360. 

335 



\ 



OHIO LANDS 

might enjoy religious freedom. Their agent and 
leader, Joseph M. Bimeler, in 1818, purchased 5,500 
acres in the tenth townships of the first and second 
ranges of the United States Military Survey. They 
located their buildings in one place and called the 
village Zoar. In 1846 they owned nine thousand 
acres, operated a saw mill, a woolen mill, two flour- 
ing mills and two furnaces, and had considerable 
money otherwise invested. 

These people continued to prosper until the 
death of Bimeler in 1853, since when their success 
remained undiminished for some years and then be- 
gan to decline until 1898, when it was decided to 
partition the land. A deed was accordingly executed 
September 20, 1898. (i^) 



Isaac Zane was born on the south branch of the 
Potomac river in Virginia about the year 1753, and 
died in 1816, at Zanesfield in Logan county, Ohio, 
where he had bought eighteen hundred acres of 
land and had lived since shortly after the Greenville 
treaty of 1795. Zanesfield, named in honor of Mr. 
Zane, was first called "Zane's Town," and was 
formerly the site of a Wyandot Indian village. 

When about nine years of age, Mr. Zane, who 

(17) Tuscarawas County Deed Book 129, Page 1; 2 Howe, 700; 
8 Arch., 1. 

336 



OHIO LANDS 

was the youngest of the five Zane brothers who did 
so much to open Ohio for settlement, was taken 
prisoner by the Wyandot Indians and carried to 
Detroit where he grew to manhood with his captors. 
He declined to leave them or to return to his home, or 
even to his white friends, but continued to live with 
the Indians and eventually married a Canadian 
woman, of whose parents, one was French and the 
other a Wyandot Indian. 

Mr. Zane took no part in the Revolutionary war, 
but, nevertheless, performed many acts of kindness 
in behalf of his white friends, and used his influence 
for peace with the Indians at a time when their 
friendship was so essential. His successful efforts in 
inducing the Indians to remain peaceable were worth 
much more to the cause of freedom than any per- 
sonal services he might have rendered within the 
ranks. 

On account of his friendly relation with the 
Indians and his great influence with them, Mr. Zane 
was chosen, in 1785, to serve as a guide to one of the 
commissioners delegated by the Continental Con- 
gress to treat with the Indians. 

To reward him for his various services. Con- 
gress, in 1802, ^^^^ granted Mr. Zane "his heirs and 

(18) 3 L. U. S., 468; 6 U. S. S. L., 46. 

337 



() II I () r. A X I) s 

assigns, in fee simple, three sections of land of one 
mile square each," which he was allowed to select in 
as many locations. Two of these sections, however, 
were to be held by him in trust for the use and benefit 
of his children who should be living at the time of 
his death, and of the heirs of any children, deceased, 
and their heirs, respectively, as tenants in common. 

During the war of 1812, the government for a 
time feared the friendly Indians might be in- 
duced by the Canadians, who remained loyal to 
England, to take up arms against the Americans. 
To guard against any possible outbreak, several 
hundred of these Indians were placed in Zane's block- 
house where they could be watched more easily and 
where they would be under the influence of Mr. Zane. 
When subsequent events dispelled that fear, the In- 
dians were allowed their liberty. 

Sections fifteen and fourteen in township five, 
east, and section two in township four, east, ail in 
range twelve "Between the Miami Rivers," and now 
in the civil townships of Salem and Concord, re- 
spectively, in Champaign county, were selected. 
A patent was issued August 28, 1806, to Mr. Zane 
conveying to him section fifteen in fee, and also 
sections fourteen and two, "in trust, nevertheless, 
* * * to and for the use and benefit of the children of 
said Isaac Zane who shall be living at the time of 

338 



OHIO LA N I) S 

his death, and of the heirs of any child or children, 
deceased, and their heirs respectively, to hold as 
tenants in common," 

Two records of the patent are to be found in 
Champaign county. One in deed book C, at page 
296 , and the other in deed book S, at page 15. In the 
first record, sections fifteen and fourteen are 
erroneously recorded as being located in township 
four. 



I 



339 



CHAPTER 34 

SCHOOL LANDS. 

The endowment of the means of education with 
land by our general government was first given offi- 
cial endorsement in 1785 when the Continental Con- 
gress reserved "lot number sixteen of every town- 
ship for the maintenance of luiblic schools," in the 
ordinance providing for the survey of the historic 
seven ranges in southeastern Ohio. ^^^ 

This ordinance, however, did not, within itself, 
apply any land to the cause of education. Two rea- 
sons are obvious: One is that the Continental Con- 
gress was without power or authority to carry any 
of its obligations into effect; and the other, that, as 
there were then no settlements in Ohio, there was no 
grantee in existence to accept a grant had one been 
intended. This reservation of lot number sixteen, 
therefore, merely withheld it from sale and did not 

(1) 1 L. U. S., 563. 

340 



\ 



OHIO 1. A N D S 

in any way attempt to pass title in the land. How- 
ever, with such obligation thus quasi officially insti- 
tuted, our federal government subsequently assumed 
the duty of carrying it out in good faith by attempt- 
ing to grant to the cause of education the one thirty- 
sixth part of all public lands. 

Who first conceived the plan of thus supporting 
the cause of education, history does not record, but 
as that purpose was entertained by the colonists 
quite generally, every endeavor possible was put 
forth to promote the movement. Besides, the vast 
expanse of territory then owned by the colonies 
suggested the advisability of using a part to pro- 
mote so good a cause as an inducement to the settle- 
ment of the remainder. So the Continental Con- 
gress, therefore, was influenced, undoubtedly, to set 
aside a portion of the land for that purpose that 
the balance might be sold more readily, altho that 
body may not have desired, especially, to promote 
education at public expense. However, whatever 
its intentions may have been, such action by that 
congress virtually committed the federal govern- 
ment and the various state legislatures to the very 
vdse policy of providing the means that have since 
assured the permanent establishment and mainte- 
nance of education. 

Having adopted the township of thirty-six 

341 



OHIO 



LANDS 




GENERAL CLASSES 

or 

SCHOOL LANDS 



3i2 



OHIO LANDS 

square miles as the unit for the community plan 
then probably first suggested, it was but logical 
that one such square mile, or the one thirty-sixth 
part of the whole, should be set aside for the benefit 
of education; and that it might be as centrally 
located as possible in the plan adopted for sub-divid- 
ing townships, section sixteen was selected. 

Circumstances and conditions determining the 
establishment of settlements in Ohio, and the ab- 
sence of perfected plans for subdividing the land and 
carrying them into effect, interfered materially 
with the appropriation of land for the support of 
schools and prevented its being made with uniform- 
ity. Besides, as Virginia had reserved the right to 
dispose of all the land lying between the Scioto and 
the Little Miami rivers, and Connecticut was con- 
ceded her claim to a large tract in the northeast cor- 
ner of the state, no land within them could be as- 
signed by the general government for the support 
of their respective schools. So lands elsewhere, 
owned by the United States, were necessarily se- 
lected for these tracts for that purpose. 

Moreover, since the United States Military tract 
was subdivided into townships of tw^enty-five square 
miles, it is obvious that to have selected one square 
mile in each township for the support of schools 
would have appropriated too large a proportion; 
while the irregular quantities and the separate and 

343 



OHIO LANDS 

unusual manner of subdividing the lands in the Do- 
nation tract, the French grants, the Moravian tracts 
and the Two Miles Square reserve, prevented their 
classification with other tracts. Separate plans, 
therefore, were required to provide these tracts with 
school land. 

Five general plans for the assignment of lands 
for the support of schools in Ohio, were, conse- 
quently, necessarily adopted: One for the Virginia 
MiHtary tract ; one for the Connecticut Western re- 
serve ; one for the United States Military tract ; one 
for the French grants, the Moravian tracts and the 
Two Miles Square reserve, and one for the several 
respective original surveyed townships of thirty-six 
square miles each, including the Donation tract. 

These lands, therefore, are divided into five gen- 
eral classes: 

1. School lands belonging to the Vir- 

ginia Military tract. 

2. School lands belonging to the Con- 

necticut Western reserve. 

3. School lands belonging to the United 

States Military tract. 

4. School lands belonging to the French 

grants, the Moravian tracts and 
the Two Miles Square reserve. 

5. School lands belonging to the re- 

spective original surveyed town- 
ships. 

344 



OHIO LANDS 

1. To the Virginia Military tract was given for 
the support of its schools by the act of 1803, ^^^ an 
amount equal to one thirty-sixth part of the whole, 
to be selected by the legislature out of the unlo- 
cated land within the tract . However, as it soon 
appeared that Virginia would require all the land 
in such tract to satisfy outstanding army bounty 
warrants, Congress proposed, in 1807, ^^^ to give 
elsewhere, instead, eighteen quarter townships and 
three sections of land amounting to one hundred 
and five thousand six hundred acres, to be selected, 
by lot, by the secretary of the treasury. To this the 
legislature consented ^^^ and thereupon, in 1808, 
Albert Gallatin, then secretary of the treasury, ^^^ 
located the tracts in Wayne, Holmes, Ashland, Rich- 
land, Crawford and Morrow counties. 

2. To the Connecticut Western reserve for the 
support of schools within it east of the Greenville 
treaty line, was given, by the same act, ^^^ fifty-six 
thousand acres located in Holmes and Tuscarawas 
counties- But since the Indians retained possession 
of the land in that part of the reserve lying west of 
the Cuyahoga river, until after the treaty of 1805, ^^^ 
no attempt was made for several years to provide 



(2) 


3L. U. S. 541; 2 U. S. S. L., 225. 


IS) 


4 L. U. S., 93; 2 U. S. S. L., 424. 


(4) 


6 L. 0., 125. 


(5) 


L. L. 0., 159. 


(6) 


1 L. U. S., 409; 7 U. S. S. L., 87. 



345 



OHIO LANDS 




SCHOOL LANDS 

M^B for' aaiHV 

M THE VIRCfUlA MlimRY TRACT 105,600 ACRES 

M THE UNITED STATES MILITARY TRACT 72.000 ACRES 

^ THE CONNECTICUT WESTERN RESERVE 56.000 ACRES 

(EAST OF THE 6REENVIILE TREATY UNE' 



346 



OHIO LANDS 

it with land for the support of schools ; and, as con- 
gress failed to take the initiative to provide it with 
land for that purpose, the legislature repeatedly 
petitioned that bodj^ to do so. -'^^ Congress, how- 
ever, took, no action in the matter until 1834, ^^^ 
when it directed that a quantitj^ of land, which, to- 
gether with that already granted for that purpose, 
would equal one thirty-sixth part of the whole re- 
serve, should be reserved in sections, half sections or 
quarter sections. Thereupon the secretary of the 
treasury selected this additional land in Williams, 
Defiance, Paulding, Putnam, Henry and Van Wert 
counties, to the amount of 37,724.16 acres, ^^^ which, 
together with that selected under the act of 1803, ^2) 
amounted to a total of 93,724.16 acres. 

3. To the United States Military tract for the 
support of schools within that tract, there was given 
by congress, in 1803, ^^^ seventy-two thousand acres 
located in Guernsey, Coshocton, Muskingum, Lick- 
ing, Morrow and Delaware counties. 

4. To the Donation tract, the Two Miles Square 
reserve, the Moravian tracts and the French grants, 
there were assigned for the support of their respec- 
tive schools, lands within them, or in contiguous 

(7) 25 L. O. L., 115; 26 L. O. L., 175; 27 L. O. L, 170; 31 L. O. L., 
259. 

(8) 9 L. U. S., 39; 4 U. S. S. L., 679. 

(9) 47 L. O. L., 381; 48 L. O. L., 727. 

347 



() II I O L A X D S 

territory, by the acts of 1803, (^^ 1816, (i^) 1824 d^ 
and 1826, (^'^ respectively. 

5. To each original surveyed township of 
thirty-six square miles there was also given, by the 
act of 1803, section sixteen, where possible, and 
where that section had been otherwise disposed of, 
the secretary of the treasury was directed to select 
a like amount out of any unappropriated lands in 
the most contiguous townships. ^^^ 

By reason of neglect in the passage of acts for 
the sale of several tracts of land, or, because of 
expediency in some instances, the appropriation of 
section sixteen within them for schools was not 
made; and the land for the maintenance of schools 
in many tracts, and even in original surveyed town- 
ships, was, therefore, necessarily selected else- 
where. 

Moreover, the irregularity of boundary lines of 
original surveys, particularly along rivers, caused 
many townships to contain less than thirty-six full 
sections. To care for such townships, Congress, in 
1826, •!-) provided that each fractional township con- 
taining more land than three quarters of an entire 
township, should be given one section of land for 

(10) 6 L. U. S.. 101; 3 U. S. S. L., 308. 

(11) 7 L. U. S., 307; 4 U. S. S. L. 56. 

(12) 7 L. U. S., 491; 4 U. S. S. L., 179. 

348 



OHIO LANDS 

the support of its schools; that each township con- 
taining more than one half and not more than three 
quarters of a township, should be given three quar- 
ters of a section ; that each township containing more 
than one quarter, and not more than one half of a 
township, should be given one half section, and that 
each township containing more than one entire sec- 
tion and not more than one quarter of a township, 
should be given one quarter of a section. Con- 
gress also provided that this land should be se- 
lected by the secretary of the treasury out of any 
unappropriated public land within the land district 
in which the township for which it should be selected 
was situated. 

The attempt to provide townships which did, or 
could, not have their own section sixteen, with land 
elsewhere, could not be carried out with any degree 
of uniformity, since the government, in the mean- 
time, had sold much of its land. Therefore, many 
tracts of school land are located necessarily some dis- 
tance from those which they respectively benefit. 
Sometimes they are in two or more detached tracts 
many miles apart, as well as many miles from the 
territory to which they belong. For instance, a part 
of section 8 in town 4, of range 12, and of section 26 
in town 3, of range 13, in Meigs county, and a part 
of section 8 in town 5, of range 12, in Athens county, 
were set aside for the support of schools in township 

349 



OHIO LANDS 

3, of range 11, in Meigs county, and from which sec- 
tion sixteen is cut off by the Ohio river. '^^^ 

In some cases land scrip has been given by the 
general governmxent for the support of schools in 
lieu of section sixteen which had been otherwise dis- 
posed of. For instance, a large part of section six- 
teen in the fourth township, south, of the first range 
east of the first principle meridian, which coincides 
with the civil township of Dublin, in Mercer county, 
had been granted to Anthony Shane and Louis God- 
f roy ; and congress, in 1842, authorized the secretary 
of the treasury to issue to the trustees of that town- 
ship land scrip to the amount of $311.08 for the part 
of that section granted to Mr. Shane, and $426.62 for 
the part granted to Mr. Godfroy, and directed that 
such scrip should be applied to the use of the schools 
of that township in the same manner as that section, 
or the proceeds of its sale, or its rents, would have 
been held and applied, had the land not been granted 
to Shane and Godfroy *i*> 

Thus, from time to time, by general, or special, 
acts. Congress endeavored to set aside one thirty- 
sixth part of all the land in Ohio for the support of 
schools; and, as the state contains about 26,073,000 
acres, there should have been about 724,267 acres so 

(13) 38 L. 0. L., 211; 43 L. O. L.. 38; 58 L. O., 162. 

(14) 9 L. U. S., 812; 10 L. U. S., 275; 6 U. S. S. L., 726, 862. 

350 



OHIO LANDS 

applied instead of but 704,488 acres actually appro- 
priated. Many tracts, therefore, have no land as- 
signed them for that purpose, several being found 
in that part of the Michigan survey lying between 
the Harris and the Fulton lines, in Lucas, Fulton 
and Williams counties; ^^^^ while each of ten town- 
ships in the Ohio Company's second purchase, in 
Morgan, Athens, Hocking and Vinton counties, has 
two sections for the support of its schools : One, sec- 
tion sixteen, given it by the Ohio Company, and the 
other, in contiguous territory, by the United States 
under the act of 1803. (2) 

For a number of years, the school lands were 
leased for terms varying from one year to ninety- 
nine years renewable forever, under general laws 
passed by the legislature. Many leases were also 
made under special acts applying to particular tracts, 
often to but parts of a section. These leases were 
executed, generally, by three trustees of the original 
surveyed township. Sometimes the county commis- 
sioners did so, while in some instances other provi- 
sions were made instead. ^^^^ 

It was the duty of local officers to collect and 
distribute the rent and to care for the property. This 

(15) 48 L. O. L., 728. 

(16) In 1808, the town council of Marietta was authorized to 
subdivide and lease section 16 in town 2 of range 8 for ninety-nine 
years renewable forever. 8 L. 0., 96. 

351 



OHIO LANDS 

duty, however, was performed so indifferently and 
carelessly and so many abuses crept in, that the man- 
agement of the school lands soon became quite un- 
satisfactory. Besides, few persons cared to lease 
land and jeopardize their improvements by having 
them at the mercy of a revaluation of the land when 
other land in the vicinity could be purchased out- 
right for one or two dollars per acre. It was an- 
other demonstration that land ownership is the best 
basis of social and economic contentment and sta- 
bility of government. Even the legislature, in 1824, 
when appealing to Congress for permission to sell 
these lands, was constrained to say "that the great 
body of those who constitute the strength and basis 
of every government, and who are to be considered 
as the friends of good order and public improvement 
are among those who are the owners as well as oc- 
cupiers of the soil." (1^^ The school lands, therefore, 
produced comparatively little revenue and gave so 
little promise of doing any better that their sale was 
decided upon. 

Altho the title to the land in Ohio, appropri- 
ated and set aside by the United States for the use 
of schools, was considered to have vested in the leg- 
islature in fee simple, by the enabling act of 1802, (^^^ 
the ordinance and resolution of the Ohio constitu- 

(17) 22 L. O. L., 153. 

(18) 3 L. U. S., 496; 2 U. S. S. L.. 173. 

352 



OHIO r. A N D S 

tional convention of November 29, 1802, ^^^) the con- 
stitution of Ohio, the act admitting the state into 
the union ^^o) and the act of March 3, 1803, (2) as- 
signing land for the support of its schools, yet it was 
doubted if the state thereby acquired the power of 
sale, or could convey the fee in the land to others. 
Therefore, the legislature, in 1824, petitioned con- 
gress to vest it with that power. ^^'^^ Whereupon, 
congress, in 1826, authorized the legislature to sell 
and convey all the school lands in fee simple, but 
required it first to obtain the consent of the inhab- 
itants to their sale ; ^-^^ to invest the money in some 
productive fund and apply the proceeds to the use 
of the schools within the respective districts, or 
townships, for which the lands were originally re- 
served. ^22^ 

The title to sections sixteen in the Ohio Com- 
pany's second purchase, however, is of a different 
character, since those sections were not appropriated 
to the use of schools by the United States. 

Intending that all their land should have the 
benefit of one thirty-sixth part for the support of 
schools, and no reservations having been made for 
that purpose by the United States in the grant of 

(19) 21 L. O., 44. 

(20) 3 L. U. S., 524. 

(21) In 1828, the legislature determined that the inhabitants of 
many counties had voted to sell their school lands. 26 L. O., 4. 

(22) 7 L. U. S., 434; 4 U. S. S. L., 138; 16 O. S. R., 11; 31 O. S. 
R., 301. 

353 



O H I (.) L A X D S 

the second purchase, ^-^^ the trustees of the Ohio 
Company of Associates, January 7, 1796, appropri- 
ated section sixteen in each of the ten townships in 
that purchase for such purpose, and directed the in- 
habitants to lease such land for periods not exceed- 
ing seven yesiYs each. 

Following the action of Congress, many general 
laws ^^*^ were passed by the legislature providing 
for the sale of school lands- Many special acts were 
also enacted, each sometimes providing for the sale 
of but a single tract; in some instances, for but a 
small part of a section. Sales of school land have, 
therefore, since been made until but about 20,573 
acres remained unsold at the end of the fiscal year 
of (June 30) 1918. 

Upon the sale of any school land being made, a 
certificate, upon the final paj^ment of the purchase 
price, was given the purchaser who presented it to 
the auditor of state. That officer prepared the deed 
which the governor signed. After recording the 
deed the auditor of state delivered the original to 
the purchaser. The state, however, kept no record 
of deeds executed prior to 1836. 

Many special acts have also been passed author- 
izing other officials than the governor to execute 
deeds for school land. In many instances the county 

(23) See the Ohio Company. 

(24) 25 L. O., 56. 103; 26 L. C, 23; 28 L. O. L., IS; 29 L. O. L., 90; 
49 L. O. L. 2S2. 

354 



i 



OHIO LANDS 

auditor has been so empowered instead; ^^^^ and in 
such cases no record of the deeds has been kept by 
the state. 

The income from the school land in general 
classes, one, two, three and four, derived from rent, 
or from the interest on the proceeds of the sale of 
the land, is divided pro rata among the inhabitants 
of each respective tract; while that derived from 
the lands in class five, applying to each original sur- 
veyed township, is divided among the inhabitants of 
the respective townships for which the tracts were 
assigned. However, in keeping account, the state 
has combined the funds received from the sale of 
the lands in the fourth class with those of the fifth 
class, and has, therefore, kept the record of the re- 
spective amounts received from the sale of school 
lands in four separate entries, which, at the end of 
the fiscal year of 1917, were as follows : 

1. Virginia Military 
School Fund $ 197,068.07 

2. Western Reserve 
School Fund....... 257,499.21 

3. United States Military 
School Fund 120,272.12 

4. Section 16 School 
Fund 3,539,296.50 

Total $4,114,135.90 

(25) 30 L. O. L., 344; 31 L. O. L., 93; 38 L. O. L., 177; 53 L. O., 63. 

355 



OHIO LANDS 

This fund, designated the "common school 
fund," constitutes a part of the irreducible debt of 
the state, on which it pays annually six per cent- in- 
terest (^'^^ to the respective districts, or original sur- 
veyed townships, for the benefit of which the funds 
were received. That part of the interest on the fund 
to which any district in general classes one, two, 
three or four is entitled, together with the rent from 
any such land remaining unsold, is apportioned to 
such respective districts by the auditor of state upon 
the basis of the enumeration of youth of school age 
residing within the district; ^-^^ while that to which 
an original surveyed township in class five is en- 
titled, is apportioned to it by the auditor of the 
county in which the township is situated. ^^^^ 

The lack of ownership of the land in the Con- 
necticut Western reserve by the federal govern- 
ment; the right of Virginia to locate all the land in 
the Virginia Military tract; the many special acts 
of Congress for the sale of particular tracts of land ; 
the subdivision of the United States Military tract 
into townships five miles square; the failure to re- 
serve sections sixteen thruout the state; the provi- 
sion for fractional townships, and the many special 
acts of the legislature for leasing, selling and con- 
veying the land, have all contributed to create a con- 

(26) G. C, 7580; 107 L. O., 357. 

35G ' 



OHIO LANDS 

dition little understood, and have caused the school 
lands in Ohio to become an unsolved problem to 
many. However, their solution may be simplified 
if their history is considered, especially chronologic- 
ally. Therefore, if it is ascertained what led to the 
early settlements ; where they were made, and why ; 
how the title to the land was acquired, and, particu- 
larly, how the land was subdivided, and why, much 
of what may appear to be but confusion will readily 
dissolve itself into a more clear comprehension of 
the school lands in Ohio. 



CHAPTER 35 

MINISTERIAL LANDS. 

Notwithstanding the fact that Ohio's earliest 
settlers were descendants of the Puritans whose 
landing upon Plymouth Rock, in 1620, began the es- 
tablishment of an ideal government under which, as 
one of its fundamental principles of success, was the 
separation of the Church and State, yet we have in 
Ohio, as nowhere else in the United States, the 
anomaly of that union. And strange and inconsist- 
ent as it may seem, this union was first conceived 
and brought about by the descendants of these Puri- 
tans who had fled their native land almost two cen- 
turies before, to escape persecution resulting from 
such combination. It was, therefore, in the New 
England States that the plan originated of endowing 
the church with land and making the state the trus- 
tee of the endowment. ^^Hi 

With "religion, morality and knowledge,'* as 
358 



OHIO LANDS 

their guiding rule of life, it is easy to understand that 
the descendants of these sturdy and devout pioneers 
would naturally endeavor to foster and support the 
development of education, and guarantee the free- 
dom of religious worship "according to the dictates 
of one's own conscience." To this end, education 
and religion were each, therefore, endowed with the 
one thirty-sixth part of the land to be settled. 

Who first conceived the idea of thus endowing 
the cause of religion with land, is not now known. 
The earliest suggestion of which any record is had, 
is that contained in a letter written in June of 1783, 
by General Rufus Putnam to General Washington, 
asking his aid to prevail upon the Continental Con- 
gress to redeem its land warrants given the revolu- 
tionary soldiers, by providing them with land "be- 
tween the Ohio river and Lake Erie"; and when he 
recommended that the land be divided into "town- 
ships of six miles square, allowing to each township 
three thousand and forty acres for the ministry, 
schools, waste land, rivers, ponds and highways." 
Washington referred this letter to congress with his 
approval and urged that the request be granted as 
early as possible. 

By reason of the circum_stances leading to the 
creation of the new government, and the time neces- 
sary to acquire the Indian and the Colonial titles to 

359 



OHIO LANDS 

these lands, congress was unable to consider ap- 
propriating land for the maintenance of churches 
until the land ordinance of 1785 ^^^ was proposed; 
and in the second report of which the committee 
recommended that section twenty-nine in each town- 
ship be set aside "for the support of religion." This 
part of the report was rejected by a vote of seventeen 
to six. More definite action, however, was taken by 
congress, in 1787, when Reverend Manasseh Cutler, 
representing -a number of New England people in 
thdr contemplated purchase of land in southeastern 
Ohio, known as the "Ohio Company's Purchase," in- 
sisted that such an endowment should be provided 
for as one of the conditions on which that company 
would make the purchase. 

Dr. Cutler had had charge of parishes for many 
years and was of the opinion that the religious inter- 
ests of the people of any locality, especially in a new- 
ly settled country, could best be served by a clergy- 
man residing within the community; that some 
means should be provided to assure a dependable 
fund for his support, and that land would be the most 
permanent. It was, therefore, through Dr. Cutler, 
and in connection with the purchase of land by the 
Ohio Company, that a resolution was adopted by the 
Continental Congress, July 23, 1787, providing that 

(1) 1 L. U. S., 563. 

360 



i 



O II I C) LANDS 

"the lot No. 29 in each township or fractional part of 
a township, be given perpetually for the purposes of 
religion." ^2) 

Consequently sections twenty-nine were re- 
served for that purpose in the one million, five hun- 
dred thousand acre tract contracted for October 27, 
1787, (3) by Dr. Cutler and Winthrop Sargent as 
agents for the Ohio Company of Associates. As 
that company decided to take but half the land con- 
tracted for, a patent was issued in 1792, for that 
amount which is known as the Ohio Company's first 
purchase ; and in each township of which, except the 
two townships set aside for the Ohio University, ^^^ 
section twenty-nine was reserved for the purposes 
of religion as provided in the contract. ^^^ 

Reservation of section twenty-nine "for the pur- 
poses of religion" was also made by the United 
States, in 1794, in the grant to Judge John Cleves 
Symmes and his associates for 311,682 acres lying 
between the Miami rivers in the southwestern part 
of the state. ^^^ 

As congress had reserved nothing for the pur- 

(2) 1 L. U. S., 573; L. H. O. U., 39. 

(3) L. H. O. U., 43. 

(4) See the Ohio University Lands. 

(5) 2 L. U. S., 276; 1 U. S. S. L., 8; Washington County 
Deed Book 1, page 115. 

(6) See the Symmes Purchase; 1 L. U. S., 458, 494, 497; 
2 L. U. S., 287; 1 U. S. S. L., 266. 

361 



OHIO LANDS 

poses of religion in the grant of the second purchase 
to the Ohio Company of Associates, those associates, 
true to their original design, made the application 
themselves. Thereupon, by resolution of January 
7, 1796, the trustees of that company assigned sec- 
tion twenty-nine in each of the ten townships in that 
purchase "for the purposes of religion within the 
townships respectively," and provided that the land 
should be leased by the inhabitants for a term not 
exceeding seven years at any one period. 

The legislature of the state was designated to be 
the trustee of sections twenty-nine in the Ohio Com- 
pany's first purchase and in the Symmes tract by the 
ordinances, contracts and acts of congress providing 
for the sale of those two tracts ; while that body was 
authorized to act as trustee for those sections in the 
townships in the Ohio Company's second purchase, 
by the resolution of the trustees of that company, of 
January 7, 1796. ^^^ 

The plan of setting aside section twenty-nine 
"for the purposes of religion" was not long con- 
tinued by the government which did so only in the 
Ohio Company's first purchase in Washington, 
Athens, Meigs, Gallia and Lawrence counties, and in 
the grant to Judge Symmes in Hamilton, Butler and 
Warren counties; while the Ohio Company appro- 

(7) See the Ohio Company. 
3G2 



OHIO LANDS 




ISTERIAL LANDS IN OHIO 



OHIO LANDS 

priated section twenty-nine for that purpose in its 
second purchase in Morgan, Athens, Hocking and 
Vinton counties. Consequently, "Ministerial lands," 
as these lands have since been termed, are found no- 
where in the United States, except within these three 
parts of the state of Ohio. They total about 43,500 
acres of which but about 3,143 acres remained un- 
sold at the end of the fiscal year of 1918. 

For a number of years the ministerial lands were 
leased for farming purposes for terms varying from 
seven years to ninety-nine years renewable forever, 
for the annual rental of six per cent upon their ap- 
praised value, under laws, both general and special; 
passed by the legislature. The leases were executed 
generally by the three trustees of the original survey- 
ed township to which the land belonged, and who also 
collected and distributed the rent and cared for the' 
property. Sometimes other provisions were made 
for doing so, instead. ^^^ 

As the ministerial lands were managed by the 
same officials who had charge of the school lands, 
abuses similar to those which prevailed in the man- 
agement of the latter, also crept into the manage- 
ment of the ministerial lands, and it was decided to 
sell them. But as the title to sections twenty-nine in 
the Ohio Company's first purchase and in the 

(8) 2 Sess. 1 G. A. T., 8; 3 L. O., 200; 4 L. O., 33. 
364 



OHIO LANDS 

Symmes tract had been retained by the United 
States, it was necessary for the state of Ohio to ac- 
quire the fee to the land and the power to sell. Con- 
sequently, in 1827, the legislature requested congress 
to authorize the state, of Ohio to dispose of these 
lands and invest the proceeds in some permanent 
fund. /^^ Accordingly, in 1833, congress authorized 
the legislature, to selj and convey sections twenty- 
nine reserved and appropriated by congress for the 
support of religion within those two tracts, and to 
invest the money arising from their sale in some pro- 
ductive fund of which the proceeds should be applied 
annually to the support of religion within the several 
townships for which the lands were originally re- 
served, provided that no part of such land should be 
sold without the consent of the lessee and of the in- 
habitants of the township to which it belonged. ^^^^ 

Thereupon, in 1834, the legislature provided, by 
a general act, for the sale of sections twenty-nine in 
the Ohio Company's first purchase. ^^^^ Special acts 
have also been passed since for the sale of many of 
those sections within that tract, in a number of in- 
stances for the sale of but part of a section. No 
general act, however, was passed for the sale of sec- 
tions twenty-nine in the Symmes Purchase, but, in- 

(9) 25 L. O. L., 112. 

(10) 8 L. U. s!, 770; 4 U. S. S. L., 618. 

(11) 32 L. O. L., 356. 

365 



OHIO LANDS 

stead, special acts were passed from time to time for 
the sale of each section. Where any of the land was 
held under lease, provision was made for the lessee to 
surrender his lease and obtain the fee instead. Upon 
the sale of any ministerial land being made, or the 
lessee surrendering his lease and purchasing the fee, 
the governor executed a deed to the purchaser. Af- 
ter being recorded by the auditor of state, the deed 
was delivered to the grantee. However, no record 
was kept of deeds issued prior to 1836. 

The money paid on account of sales of minister- 
ial lands, amounting, at the end of the fiscal year of 
1918 ,to $150,216.00, constitutes the "ministerial trust 
fund," ^12) and is a part of the irreducible debt of the 
state on which it pays annually six per cent interest 
to the denominations of religious societies having 
members residing within the township entitled to the 
fund, without regard to the township in which any 
such society regularly assembles for public worship. 
This amount, together with the rental received from 
the unsold ministerial lands, known as the "minis- 
terial trust rental fund," is distributed to agents of 
the several societies in proportion to their member- 
ship. (13) 

(12) G. C. 3239; 107 L. C, 357. 

(13) G. C. 3205, 3206; 107 L. C, 357; 2 O. R., 108; 6. O. R., 
445; 11 O. R., 24; 7 O. S. R., 58. 



306 



» 



CHAPTER 36 

CALCULATION OF AREAS OF LAND. 

It is not the purpose of this chapter to enter into 
the discussion of any extended or technical methods 
for calculating the contents or areas of tracts of land, 
or to carry any process of doing so to such an extent 
as to require an understanding of the higher mathe- 
matics ; but to give such data, directions and formula 
as will enable the layman to comprehend and apply 
the measurements, courses, and other data generally 
used in every day practice to describe land. The 
procedure given, however, is that used by the prac- 
tical surveyor and may be relied upon to produce 
dependable results. 

The chain is the most convenient and service- 
able unit that can be used in the measurement of 
land. It is based upon tbe simple decimal system 
which avoids the many complications arising from 
the use of fractions, and for that reason, it material- 

367 



OHIO LANDS 

ly simplifies calculations. In estimating the areas 
of tracts of land, it is, therefore, suggested and 
recommended that all measurements be converted 
into chains and decimals of chains. And, as a chain 
is divided into one hundred equal parts, called links, 
chains and links may, therefore, be termed chains 
and hundredths of chains; as, for instance, fifteen 
chains and eighty-three links may be treated as 
fifteen and eighty-three one hundredths chains, or, 
15.83 chains. 

The conversion of units of any denominatioi 
other than chains, into chains, may be done readib 
by either dividing or multiplying the given unit by' 
the proper number ; and for practical purposes, it will 
be quite sufficient to carry the quotient, or product, to 
the second decimal place, only. If it is desired to re- 
convert chains into their respective original units, it 
is necessary only to reverse the operation, and mul- 
tiply, or divide, as the case may require, by the 
proper number. 

If the units of measurement under consideration 
are feet, their division by sixty-six will give their 
equivalent in chains. And, as four rods, roods (now 
rarely used) perches or poles, each of which is six- i 
teen and one-half feet in length, make one chain, it 
is necessary only to divide the given number of rods, 
roods, perches or poles, as the case may be, by four, 

3G8 



OHIO LANDS 

to obtain the length of the line in chains. If the units 
are yards, divide by twenty-two. 

Since the product of multiplying the length of a 
figure by its breadth is square units, it is necessary 
only to divide such product by the necessary number 
of square units of the same denomination required 
to make an acre. As ten square chains make an acre, 
square chains thus obtained should be divided by ten 
to obtain the number of acres. If rods, roods, 
perches or poles are the units used, the product 
should be divided by one hundred and sixty ; while, if 
the units used are feet, the acreage may be obtained 
by dividing such square product by forty-three 
thousand five hundred and sixty, (43,560) the num- 
ber of square feet in an acre. If square yards, 
divide by forty-eight hundred and forty (4840). 

As the conception of the shape of a tract of land 
of which the area is to be calculated, will assist ma- 
terially in making the calculation, it is suggested 
that a plat of the tract first be made. This may be 
done in many instances with a pencil off hand with 
sufficient accuracy to answer the purpose, but it is 
best, if possible, to plat it to scale. With a rule sub- 
divided into decimals of inches, a small semi-circular 
protractor, a T square and a little practice, sufficient 
proficiency may be easily acquired to plat readily any 
tract of land from its description, if it is properly de- 

369 



() II I O LANDS 

scribed. The process may be simplified by using the 
parallel lines of ruled paper for the meridians, or the 
north and south lines. 

It is difficult, however, sometimes to determine 
the scale to use in platting, or the side of the paper 
on which to begin, that the plat may not extend be- 
yond the limits of the paper. This, of course, must 
be guessed, often, unless calculation of the area of 
the tract has already been made. In that case the 
total of either latitude will show the extreme limits 
of the tract, north and south, while the total of either 
departure will show its extreme limits, east and west. 
A scale to suit the paper or to make the plat of a 
desired size may then be readily determined. 

If the tract of land of which the area is desired 
is a right angled parallelogram, or a four-sided 
figure, of which its two respective and opposite sides 
are equal, like the following: 



C/5 

z 

< 

X 


40 


CHAINS 




60 


ACRES 


m 







Multiply its length by its breadth and divide the 
product by the proper unit, thus : 
40x15=600; 600-^10=60 Acres. 
370 



OHIO 



LANDS 



If it is a four sided figure having but two sides 
parallel, and only one of its other sides is at right 
angles to them, like the following : 



15 CHAINS 



16 ACRES 




25 CHAINS 



Half the sum of the two parallel and opposite 
sides should be multiplied by the length of the right 
angled side, and the product divided by the proper 
unit, thus : 

15+25=40; 40—2=20; 20x8=160; 
160--10=16 Acres. 

If the tract of land is a right angled triangle, 
like the following : 




Multiply the length of one leg of the triangle by 
that of the other and divide half of the product by 
the proper unit, thus : 

40x16=640; 640^2=320; 320^10=32 Acres. 
371 



O H 1 U L A N T) S 



I 



Or, the process may be abbreviated if the length 
of one leg of the triangle is multiplied by one-half of 
that of the other, and such product divided by the 
proper unit, thus: 

40x8=320 ; 320^ 10=32 Acres. f 

The area of a circle may be ascertained by mul- 
tiplying the square of its radius by three and four- 
teen hundred and sixteen ten-thousandths (3.1416), 
as in the f ollow^ing circle of which the diameter is ten 
chains: 




5x5=25; 25x3.1416=78.54; 78.54-^^10= 7.85 Acres. 

If the figure of v^hich the area is desired is more 
complex, and cannot be converted readily into 
parallelograms, or right angled triangles, the pro- 
cess of calculating by latitudes and departures 
should be resorted to. And when the necessary 
measurements and bearings are had, this method 
may be relied upon, regardless of the number of sides 
or angles which the tract may possess. 

372 



OHIO LAND S 

To determine the area by this process, it is neces- 
sary to use the "Traverse Table," which consists of 
the natural sines and cosines of bearings, calculated 
usually for a distance of one. 

By reason of the variation of the magnetic 
needle, local or othervi^ise, as well as the impossibility 
of obtaining exact measurements, it is not necessary, 
nor practical in general surveys, to deal in angles of 
less than quarter degrees. Therefore, the traverse 
table to less than quarter degrees is not herein given. 
If more minute calculations are desired, reference 
may be had to traverse tables, or to tables of the 
natural sines and cosines of bearings, wherein the 
angles are carried to smaller subdivisions. 

The principle involved in the calculation of areas 
of land by the use of the traverse table is well illus- 
trated by the fact that if, for instance, five hundred 
feet are measured north, five hundred feet east, five 
hundred feet south, and five hundred feet west, the 
circuit v/ill have been completed and the point of end- 
ing wdll be identical with that of the beginning. In 
other words, the same distance has been traveled, or 
"traversed," south as has been traversed north, and 
the same distance traversed west as has been travers- 
ed east. Therefore, the "northings" and "southings," 
so called, would be equal and the "eastings" and 
"westings," so called, would also likewise be equal. 

373 



OHIO LANDS 

Hence, in surveying around a tract of land, however 
many angles or bearings it may possess, the total dis- 
tance traveled north should equal the total distance 
traveled south, and the total distance traveled east 
should equal that traveled west, and each set should, 
therefore, balance. That is, the northings should bal- 
ance with the southings, and the eastings with the 
westings. And any differences in such respective 
totals will be the errors which necessarily follow the 
mechanical impossibility of making exact measure- 
ments. A small per cent, of error, however, depend- 
ing upon the value of the property, the roughness of 
the surface of the land, and the expense permitted 
to be incurred, must necessarily, therefore, be con- 
ceded. As an able writer has well said that, "Per- 
fect accuracy is unattainable in any operation in- 
volving the measurements of angles and distances. 
That work is accurate enough, which cannot be made 
more so without an expenditure more than commen- 
surate with the object to be gained." 

A number of errors will, therefore, be found 
usually in nearly all surveys, however carefully they 
may have been made. The distribution of such errors, 
however, should be made before proceeding further 
with the calculation in order that the calculation 
may balance and the results be relied upon. Just 
what per cent, of error should be accepted, depends 

374 



OHIO LANDS 

very much upon the value of the land involved, the 
condition of its surface, the expense of exercising ex- 
treme care in its survey, and, perhaps, other local 
elements. A definite per cent, of error cannot, there- 
fore, well be adopted. Experience in surveying lands 
and calculating their contents, as well as a knowledge 
of the physical conditions surrounding the particular 
tract of land of which the measurements have been 
taken, all conduce and contribute to suggest to the 
practical surveyor the maximum amount of error 
permissible, and also often in what part of the sur- 
vey the error may have been made. If a small dif- 
ference is found, it should be divided among the sev- 
eral sines and cosines of the bearings proportionally 
to their respective lengths, being most liberal, how- 
ever, with the sines or cosines of the lines in which, 
perhaps for local reasons, the error is most likely to 
have been made. If these errors are too great, a re- 
survey should be made to ascertain and reduce them. 

Moreover, should the length of the figure ma- 
terially exceed its breadth, as, for instance, in a 
parallelogram like that of which a cut appears else- 
where in this chapter, the same amount of error in 
the distance north and south would affect the area 
much more than the same amount of error in its dis- 
tance east and west. Hence the errors of which cor- 
rection may be permitted, must be left with the cal- 

375 



O II 1 O LANDS 

dilator who should bear in mind that the less 
amount of error, in either the latitudes or de- 
partures, the better. But if the difference, either 
between the northings and the southings, or the 
eastings and the westings, is too great, a resurvey 
should be made to ascertain and locate the errors be- 
fore proceeding further Avith the calculation. 

If, however, the error or difference between the 
northings and southings, or between the eastings 
and westings, does not exceed a reasonable per cent, 
then one half of each of such respective differences 
should be subtracted from the several lines totaling 
the larger amount in proportion to the length of such 
respective lines, being liberal, however, with any 
lines measured over ground so rough as to increase 
the opportunity for error. The other half of the 
difference should' be added, in like manner, to the 
lines totaling the lesser amount. If, for instance, the 
northings should exceed the southings by five links, 
as in the case in the example herein given, then two 
links should be taken off the lines composing the 
northings, in proportion to their respective lengths, 
and three Knks added, in the same manner, 
to the lines composing the southings; while if the 
eastings should exceed the westings eleven links, 
five links should be taken off the lines composing the 
eastings, in the manner above suggested, and six 
links added to the lines composing the westings. 

376 



OHIO 



LANDS 



No two persons, however, are apt to add or sub- 
tract the same relative figures, and a small differ- 
ence in the area which each might determine may 
possibly result. This is unavoidable unless the 
survey has been made without errors of any kind. 
Tn that case there will, of course, be no differences to 
distribute. 

The circle is divided into three hundred and 
sixty equal parts called degrees. To correspond 
with the four cardinal points of the compass, North, 
South, East and West, it is also divided into four 
quadrants of ninety degrees each. For convenience 
in surveying, the degrees in each quadrant are num- 
bered from to 90, as in the following circle : 



NORTH 



WEST 




EAST 



I 



SOUTH 



377 



OHIO LANDS 

The north, or south, direction is designated by 
the words "North," or "South," while the east, or 
west, direction is designated by the words "East," 
or "West." 

The bearing taken by the surveyor is the angle, 
east or west, from a north or south line, and its com- 
plement is the difference between such bearing and 
ninety degrees. Thus in the tract herein given, each 
line forms an angle, east, or west, of the meridian, 
and to the north, or south, as its respective direction 
may indicate, as may be seen by the following dia- 
gram: 

NORTH 




EAST 



SOUTH 

The bearing of a line may be read in either di- 

378 



OHIO J. A N D S 

rection. For example, the second bearing of "south 
60° east" may also be read "north 60° west," if pro- 
gression is desired to be made in the opposite direc- 
tion. With this remembered any interior angle of any 
figure, of which the bearings of the two sides making 
such angle are given, can be easily determined. For 
instance, the interior angle "3," of the above figure, 
is found in the following manner: Subtract the re- 
versed bearing of N. 60° W. from ninety degrees and 
obtain its complement of thirty degrees. Subtract 
the bearing of the other line of S. 40° W. from ninety 
degrees and obtain its complement of fifty degrees. 
The sum of these two complements makes eighty de- 
grees which is the interior angle desired. The in- 
terior angle of 71%°, at 4, is easily found by adding 
the bearing of "north 3114° west," of the fourth line, 
to the reversed bearing of "north 40° east" of the 
third line. 

The bearings and lines of surveys are numbered 
consecutively and progressively from the respective 
corners from which they are taken. Thus the bear- 
ing of the line, "south 80° east, 1045 feet," is number- 
ed "1;" while that of the line, "south 60° east, 560 
feet," is numbered "2," and so on. 



As the application of rules and formulas to con- 
crete and practical examples, as found in the usual 
course of every day business affairs, best illustrates 

379 




nso 



() H I O LANDS 

them, the description of a specific tract of land, with 
its plat and the calculation of its area, is herein pre- 
sented as an exemplification: 

Beginning on the north fine of section No. 12, in 
town No. 6, of range No. 12, of the Ohio River Sur- 
vey, 433 feet east of the northwest corner of said 
section, and thence running south 80° east, 1045 feet ; 
thence south 60° east, 560 feet ; thence south 40° west, 
890 feet; thence north 31l^° west, 675 feet; thence 
south 721/2° west, 1065 feet; thence north 38° east, 
705 feet ; thence north 335 feet to the place of begin- 
ning, containing 22.76 acres, more or less. 

After having prepared the plat, a form like that 
herein given, containing the "Complete Calculation" 
of the above description should then be made. The 
first station, or call of the survey, should be number- 
ed one, the second numbered two, and so on, as is 
shown in the first column of the form. These sta- 
tion numbers are put usually at the first end of the 
respective lines, and from which points the bearings 
are taken. In the second column, and opposite each 
station thus numbered, place the several bearings 
with their respective distances following in the 
column indicated for that purpose. For reasons 
hereinbefore stated, reduce the feet to chains and 
hundredths of chains, and place the respective re- 
sultant measurements in the next column which is 

381 



OHIO T. A N D S 

marked "chains." Then find the northings, south- 
ings, eastings and westings of the several lines or 
bearings of the figure and place them in the corres- 
ponding columns following. By means of the traverse 
table, find the latitude and departure of the angles 
of each of the courses. Multiply the respective lati- 
tude and departure of each angle, as found in such 
table, by the length of the side reduced to chains 
and decimals of chains. Place the two products, thus 
obtained in each instance, in the proper respective 
columns ; one being in the north or south column, and 
the other in the east or west column, as the bearings 
of the respective lines so calculated may suggest. 

The determination of the column in which to 
place these respective products may be aided if it is 
noted that in bearings of less than forty-five degrees, 
the north or south line, or the latitude, is greater 
than the east or west line, or the departure; while, in 
bearings exceeding forty-five degrees, the east, or 
west, line, or the departure, is greater than the north, 
or south, line, or the latitude. 

Take the bearing and distance of No. 6 in the 
foregoing description, which reads "north 38'' east, 
10.68 chains," as an example with which to make an 
application. In the traverse table, the latitude for 33 
degrees will be found to be .7880, which, when mul- 
tiplied by 10.68 chains, (the length of the line) will 

382 



OHIO LANDS 

give the northing of 8.42 chains, (afterwards cor- 
rected to 8.41 chains) ; while the departure (also 
found in such table) of .6157, multiplied by 10.68 
chains, (the length of the line) produces an easting 
of 6.58 chains, (afterwards corrected to 6.57 chains.) 
Continue in this manner with all the bearings and 
distances, as has been done in the form of "Partial 
Calculation. " 

Add up the northings, southings, eastings and 
westings, as has been done in such "Partial Calcula- 
tion" where the totals have been found to be 22.22, 
22.17, 29.51 and 29.40 chains, respectively. From 
these results there is thus shown an excess in the 
northings of five links over the southings, and eleven 
links in the eastings over the westings. 

Upon the simple principle illustrated elsewhere 
in this chapter, the northings and southings, 
and the eastings and westings should respectively 
agree ; and, in order that reliable results may be had, 
they should be made to do so before proceeding 
further with the calculation, if their respective dif- 
ferences are not too great. Therefore, one half of 
their respective differences are subtracted from their 
respective larger totals, and the other half added to 
their respective smaller totals, in amounts corres- 
ponding with the relative lengths of the several lati- 
tudes or departures. Thus one is subtracted from 

383 



OHIO 



LANDS 



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385 



() II 1 O LANDS 

each of the north latitudes of 8.72 and 8.42, mak- 
ing them as thus corrected, 8.71 and 8.41 re- 
spectively. One is added to 4.85 of the south latitude 
making it, as corrected, 4.86 ; while two are added to 
10.33 of such south latitude, because it is much the 
longest line, and thereby making it 10.35 as correct- 
ed. 

Five are subtracted from the eastings and six 
added to the westings, in the following manner: 

One is subtracted from each of the two east 
departures of 6.58 and 7.34, and making them 6.57 
and 7.33, respectively, as thus corrected ; while three 
are subtracted from the east departure of 15.59, be- 
cause it is the longest east departure, and thereby 
making it 15.56. One is added to the west departure 
of 5.35, making it 5.36, as thus corrected ; while two 
are added to the west departure of 8.66 and three to 
the west departure of 15.39, making them 8.68 and 
15.42 respectivelj^ As the latitudes will now each to- 
tal 22.20 and the departures, 29.46, and are thus each 
respectively made to balance, the calculation may be 
continued as shown in the form of complete calcula- 
tion. 

The double meridian distances should next be 
determined. They are obtained by doubling and 
adding the eastings, and doubling and subtracting 
the westings. The first double meridian distance 

386 



() II T () L A N D S 

used should be the same as the east departure of the 
bearing first so used, and should be set opposite, in 
the double meridian distance column, as, in this case, 
6.57 chains of the sixth bearing; while, upon the 
completion of the process, the last number in such 
column should correspond with, and be placed op- 
posite, the departure of the bearing of the line next 
preceding that with which the process was begun. 
In this instance it is 15.42 chains, or the departure of 
the fifth bearing. If such last double meridian dis- 
tance does not agree with the departure of the bear- 
ing there has been error made in the addition or sub- 
traction, and the work should be revised until the 
result so terminates. 

To avoid the inconvenience of using minus quan- 
tities, it is recommended that the process of deter- 
mining these distances be carried out by beginning 
with the most western point, or corner, of the tract 
of land. In the foregoing example this is No. 6. 
To determine, however, which is the most western 
corner, involves platting the tract, or presumes the 
knowledge of such fact. 

An easy method to determine double meridian 
distances, and one adopted usually in practice, is to 
begin with that east departure which, when added 
to the east departures immediately following, will 
continue to keep their sums in excess of the sums of 
any west departures that may be subtracted there- 

387 



OHIO LANDS 

after. For instance, it will be noted in the form of 
complete calculation that by beginning with the east 
departure (6.57) of the sixth bearing, and adding the 
east departures of the first (15.56) and second (7.33) 
bearings following, before subtracting the west de- 
partures of the third, (8.68) fourth (5.36) and fifth 
(15.42) bearings, the addings will continue at all 
times to be in excess of the subtractions. Practice, 
however, will determine with which east departure 
to begin to avoid minus quantities. 

The double meridian distances in the calculation 
of the foregoing description, have been ascertained 
in the following manner, to-wit : 

No. 6 6.57 No. 2 51.59 

6.57 7.33 





13.14 
0.00 


No. 
No. 

No. 


3 
4 
5 


58.92 

8.68 


No. 7 


13.14 
0.00 


50.24 

8.68 




13.14 
15.56 


41.56 
5.36 


No. 1 


28.70 
15.56 


36.20 
5.36 




44.26 
7.33 


30.84 
15.42 


No. 2 


51.59 


15.42 



388 



OHIO LANDS 

After the double meridian distances are thus ob- 
tained, each should be multiplied by the latitude of 
its bearing and the result placed in the proper 
double products column. The results obtained by 
multiplying each respective double meridian distance 
by its corresponding northing, should, therefore, be 
placed in the "north" column of the double products, 
while those obtained by multiplying by the south- 
ings should be placed in the "south" column. For 
instance, the double meridian distance (15.42) of the 
fifth bearing should be multiplied by its correspond- 
ing southing, (4.86) and the product (74.94) placed 
in the "south" column of the double products; while 
the double middle distance (6.57) of the sixth bear- 
ing should be multiplied by its corresponding north- 
ing, (8.41) and the product (55.25) placed in the 
"north" column of such double products. Next find 
the respective totals of the north and south columns 
of such double products, and from the larger, 
(892.59) subtract the smaller, (437,30) and divide the 
remainder, (455.29) by two, and that quotient 
(227.64) by ten, because there are ten square chains 
in an acre. The result, 22.76 acres, will be the area of 
the land thus described. 



389 



I 



CHAPTER 37 

RULES AND TABLES. 

One Gunter's surveying chain is sixty-six {Q6) 
feet in length. 

A chain is divided into one hundred (100) links 
of v^hich each is seven and ninety-two (7.92) one- 
hundredths inches in length. 

Twenty-five (25) links make one rod, perch or 
pole. 

One statute, or land, mile is eight (8) furlongs, 
eighty (80) chains, three hundred and twenty (320) 
rods, one thousand seven hundred and sixty (1,760) 
yards, five thousand two hundred and eighty (5,280) 
feet, or sixty-three thousand three hundred and 
sixty (63,360) inches. 

One rod, pole or perch is sixteen and one half 
(16%) feet, twenty-five (25) links, or one hundred 
and ninety-eight (198) inches, in length. 

390 



() H I O L A X D S 

One acre contains ten (10) square chains, one 
hundred and sixty (160) square rods, poles or 
perches, four thousand eight hundred and forty 
(4,840) square yards, or forty-three thousand five 
hundred and sixty (43,560) square feet. 

Each side of a square acre is 208.71 feet. 
Each side of a square half acre is 147.58 feet. 
Each side of a square third acre is 120.50 feet. 
Each side of a square quarter acre is 104.36 feet. 
Each side of a square eighth acre is 73.79 feet. 

A circular acre is 235.50 feet in diameter. 

A circular half acre is 166.527 feet in diameter. 

A circular quarter acre is 117.75 feet in diameter. 

The circumference of a circle may be found by 
multiplying its diameter by 3.1416. 

The circumference of a circle is divided into 
three hundred and sixty equal parts termed degrees. 

A half circle consists of one hundred and eighty 
degrees. 

A quarter circle, quadrant, or right-angled 
triangle, contains ninety degrees. 

A half quarter circle contains forty-five degrees. 

60 seconds (60'') equal 1 minute, or 1' 
60 minutes equal 1 degree, or 1° 
15 minutes equal 14 degree, or 14° 
30 minutes equal % degree, or ^2° 
45 minutes equal % degree, or %° 

While the foot, rod, pole, perch or chain are the 

391 



OHIO L A N I) S 

units used quite generally throughout the United 
States in measuring lands and calculating their 
areas, a different system, or unit called a "Vara," is 
used generally in Mexico, Texas, New Mexico, Ari- 
zona and California. This term is a Chilian word 
signifying a unit of measurement which is equal to 
2.78 feet. 

One vara equals oSi/j inches. 
1,900.8 varas equal one mile. 

3,612.8 square varas (the square of 1,900.8 
varas) equal one section of land, or 640 acres. 

5,645.376 square varas (the square of 75.137 
varas) equal 4,840 square yards, or one acre. 

To find the number of acres in any number of 
square varas, multiply the latter by 177.125 and cut 
off six decimals. 

To find the bearing of a line which cannot be 
run : Take the bearing and make measurement from 
one end of the line to a point opposite the other end, 
as shown in the following' figure : 



63 CHRIN5 _- 

Multiply the distance between this latter point 
and the end of the line of which the bearing is de- 

392 



OHIO LANDS 

sired, by fifty-seven and three tenths (57.3), and 
divide the product by the length of either hne, thus : 

1.25X57.3=71.625; 71.625^63=1.137°, or 1° 8' 

The result will be the angle, in degrees and 
decimals of degrees, between the two lines. This 
angle can then be added to, or subtracted from, the 
bearing of the line run, and thus obtain the bearing 
of the line desired. In the above figure the bearing 
of the line A. B. would then be, north 84° 20' east. 

In calculating the area of a tract of land by the 
aid of trigonometry, the figure representing such 
tract is said to be "traveled over" or "traveled 
across" and the table used in making such calcula- 
tions is, therefore called a "Traverse Table." It is 
the table of natural sines and cosines of bearings. 
When used in connection with the calculation of 
the area of surveys, the cosines are called the "lati- 
tudes," north or south; while the sines are called 
the "departures," east or M^est. 

The table herein given consists of the latitudes 
(or norths and souths) ; and the departures (or easts 
and wests) of each line constituting the several sides 
of the figure of which the area is to be ascertained. 
In other words, the latitudes and departures are the 
other two sides of a right angled triangle of which 
the given side, or surveyed line of the figure, is the 

393 



OHIO LANDS 

hypotenuse. The east or west divergences are 
called "Departures," because they depart so far from 
a north or south direction, or from the meridian 
crossing the end of the line from which the calcula- 
tion is thus to be made. 

An omitted line of a survey may be supplied by 
calculation when the latitudes and departures of all 
other lines are obtainable. If the latitudes balance, 
the omitted line will be east, or west, the length of the 
difference between the total departures ; while if the 
departures balance, its length will be north, or south, 
the length of the difference of the latitude. If 
neither balances, the omitted line will be the hy- 
potenuse of a right angled triangle of which the dif- 
ference between the total northings and southings 
will be one leg, and that between the total eastings 
and westings will be the other. The square root of 
the sum of the squares of these two differences will 
be the omitted line. This process, however, is neces- 
sarily based upon the assumption that all bearings 
and lines are correct and no checks can, therefore, 
be had as to the accuracy of the survey. 

The traverse table hereinafter following is, 
therefore, that of the natural sines and cosines of 
bearings calculated for a distance of one for each 
quarter degree of divergence. The latitude and 
departure of any line are each obtained by multiply- 

394 



OHIO LANDS 

ing the natural cosine and sine respectively of its 
bearing, as given in the table, by the length of the 
line. 

When the angles exceed 45 degrees, the latitudes 
and departures are to be read upward from the bot- 
tom of the table. 



395 





OHIO L 


A N I) S 






TRAVERSE 


TABLE 




DEGREES 


COSINE SINE 
LATITUDE DEPARTURE 
NORTH EAST 
SOUTH WEST 


DEGREES 


0" 


1.0000 


.0000 


90° 


1/4 


1.0000 


.0044 


% 


1/2 


1.0000 


.0087 


1/2 


% 


.9999 


.0131 


1/4 


1° 


.9998 


.0174 


89° 


1/4 


.9997 


.0218 


^4 


1/2 


.9996 


.0262 


1/2 


% 


.9995 


.0305 


1/4 


2° 


.9994 


.0349 


SS"" 


Vi 


.9992 


.0392 


% 


1/2 


.9990 


.0436 


1/2 


% 


.9988 


.0480 


y4 


3° 


.9986 


.0523 


87° 


1/4 


.9984 


.0567 


% 


1/2 


.9981 


.0610 


1/2- 


% 


.9978 


.0654 


1/4 


40 


.9976 


.0698 


86° 


1/4 


.9972 


.0741 


% 


1/2 


.9969 


.0784 


1/2 


% 


.9965 


.0828 


y4 


5» 


.9962 


.0872 


85° 


% 


.9958 


.0915 


^4 


DEGREES 


SINE 

DEPARTURE 

EAST 

WEST 


COSINE 

LATITUDE 

NORTH 

SOUTH 


DEGREES 



iOG 





H I 


L A N I) S 




DEGREES 


COSINE 

LATITUDE 

NORTH 

SOUTH 


SINE 

DEPARTURE 

EAST 

WEST 


DEGREES 


1/2 


.9954 


.0958 


1/2 


% 


.9950 


.1002 


1/4 


6° 


.9945 


.1045 


84° 


1/4 


.9941 


.1089 


% 


1/2 


.9936 


.1132 


1/2 


% 


.9930 


.1175 


1/4 


70 


.9925 


.1219 


83° 


y4 


.9920 


.1262 


% 


y2 


.9914 


.1305 


1/2 


% 


.9908 


.1348 


1/4- 


8° 


.9903 


.1392 


82° 


1/4 


.9896 


.1435 


% 


1/2 


.9890 


.1478 


1/2 


% 


.9884 


.1521 


1/4 


9*^ 


.9877 


.1564 


81° 


1/4 


.9870 


.1607 


% 


1/2 


.9863 


.1650 


1/2 


% 


.9855 


.1693 


1/4- 


10° 


.9848 


.1736 


80° 


y4 


.9840 


.1779 


% 


y2 


.9833 


.1822 


1/2 


% 


.9825 


.1865 


1/4 


11° 


.9816 


.1908 


79° 


DEGREES 


SINE 

DEPARTURE 

EAST 

WEST 


COSINE 

LATITUDE 

NORTH 

SOUTH 


DEGREES 



397 





OHIO 


LANDS 




DEGREES 


COSINE 

LATITUDE 

NORTH 

SOUTH 


SINE 

DEPARTURE 

EAST 

WEST 


DEGREES 


1/4 


.9808 


.1951 


% 


1/2 


.9799 


.1994 


1/2 


% 


.9790 


.2036 


Vi 


12° 


.9781 


.2079 


78° 


1/4 


.9772 


.2122 


% 


V2 


.9763 


.2164 


1/2 


% 


.9753 


.2207 


Vi 


13° 


.9744 


.2250 


77° 


1/4 


.9734 


.2292 


% 


1/2 


.9724 


.2334 


1/2 


% 


.9713 


.2377 


1/4 


14° 


.9703 


.2419 


76° 


1/4 


.9692 


.2461 


% 


y2 


.9681 


.2504 


1/2 


% 


.9670 


.2546 


V4 


15° 


.9659 


.2588 


75° 


1/4 


.9648 


.2630 


•5-4 


% 


.9636 


.2672 


1/2 


% 


.9625 


.2714 


1/4 . 


16° 


.9613 


.2756 


74" 


1/4 


.9600 


.2798 


'■Yi 


1/2 


.9588 


.2840 


V-z 


% 


.9576 


.2882 


1/4 


DEGREES 


SINE 

DEPARTURE 

EAST 

WEST 


COSINE 

LATITUDE 

NORTH 

SOUTH 


DEGREES 



JOS 





OHIO 


LANDS 




DEGREES 


COSINE 

LATITUDE 

NORTH 

SOUTH 


SINE 

DEPARTURE 

EAST 

WEST 


DEGREES 


17° 


.9563 


.2924 


73« 


1/4 


.9550 


.2965 


% 


% 


.9537 


.3007 


1/2 


3/4 


.9524 


.3049 


1/4 


18° 


.9511 


.3090 


72° 


1/4 


.9497 


.3132 


% 


1/2 


.9483 


.3173 


1/2 


% 


.9469 


.3214 


1/4 


19° 


.9455 


.3256 


71° 


¥4 


.9441 


.3297 


% 


1/2 


.9426 


.3338 


1/2 


% 


.9412 


.3379 


1/4 


20° 


.9397 


.3420 


70° 


1/4 


.9382 


.3461 


% 


1/2 


.9367 


.3502 


1/2 


% 


.9351 


.3543 


1/4 


21° 


.9336 


.3584 


69° 


1/4 


.9320 


.3624 


% 


1/2 


.9304 


.3665 


y2 


% 


.9288 


.3706 


1/4 


22° 


.9272 


.3746 


68^^ 


1/4 


.9255 


.3786 


% 


1/2 


.9239 


.3827 


1/2 


DEGREES 


SINE 

DEPARTURE 

EAST 

WEST 


COSINE 

LATITUDE 

NORTH 

SOUTH 


DEGREES 



399 





OHIO 


LANDS 




DEGREES 


COSINE 

LATITUDE 

NORTH 

SOUTH 


SINE 

DEPARTURE 

EAST 

WEST 


DEGREES 


% 


.9222 


.3867 


1/4 


23° 


.9205 


.3907 


67° 


1/4 


.9188 


.3947 


% 


1/2 


.9171 


.3987 


1/2 


% 


.9153 


.4027 


y4 


24° 


.9135 


.4067 


66" 


1/4 


.9118 


.4107 


% 


1/2 


.9100 


.4147 


1/2 


% 


.9081 


.4187 


1/4 


25° 


.9063 


.4226 


65° 


1/4 


.9045 


.4266 


% 


1/2 


.9026 


.4305 


1/2 


% 


.9007 


.4344 


1/4 


26° 


.8988 


.4384 


64° 


1/4 


.8969 


.4423 


% 


1/2 


.8949 


.4462 


1/2 


% 


.8930 


.4501 


1/4 


27° 


.8910 


.4540 


63° 


¥4 


.8890 


.4579 


% 


1/2 


.8870 


.4617 


1/2 


% 


.8850 


.4656 


1/4 


28° 


.8829 


.4695 


62° 


y4 


.8809 


.4733 


■■'A 


DEGREES 


SINE 

DEPARTURE 

EAST 

WEST 


COSINE 

LATITUDE 

NORTH 

SOUTH 


DEGREES 



400 





OHIO 


LANDS 




DEGREES 


COSINE 

LATITUDE 

NORTH 

SOUTH 


SINE 

DEPARTURE 

EAST 

WEST 


DEGREES 


1/2 


.8788 


.4772 


1/2 


% 


.8767 


.4710 


% 


29° 


.8746 


.4848 


61° 


% 


.8725 


.4886 


% 


V2 


.8704 


.4924 


1/2 


% 


.8682 


.4962 


1/4 


30° 


.8660 


.5000 


60° 


V4 


■ .8638 


.5038 


% 


1/2 


.8616 


.5075 


1/2 


% 


.8594 


.5113 


1/4 


31° 


.8572 


.5150 


59° 


1/4 


.8549 


.5188 


% 


1/2 


.8526 


.5225 


1/2 


% 


.8504 


.5262 


1/4 


32° 


.8480 


.5299 


58° 


% 


.8457 


.5336 


% 


1/2 


.8434 


.5373 


1/2 


% 


.8410 


.5410 


1/4 


33° 


.8387 


.5446 


57° 


1/4 


.8363 


.5483 


% 


1/2 


.8339 


.5519 


1/2 


% 


.8315 


.5556 


1/4 


34° 


.8290 


.5592 


56° 


DEGREES 


SINE 

DEPARTURE 

EAST 

WEST 


COSINE 

LATITUDE 

NORTH 

SOUTH 


DEGREES 



401 





U 1 


LANDS 




DEGREES 


COSINE 

LATITUDE 

NORTH 

SOUTH 


SINE 

DEPARTURE 

EAST 

WEST 


DEGREES 


y* 


.8266 


.5628 


% 


V2 


.8241 


.5664 


1/2 


% 


.8216 


.5700 


1/4 


35° 


.8192 


.5736 


55" 


1/4 


.8166 


.5771 


% 


1/2 


.8141 


.5807 


1/2 


%. 


.8116 


.5842 


Vi 


36° 


.8090 


.5878 


54° 


1/4 


.8064 


.5913 


3/4 


% 


.8039 


.5948 


1/2 


% 


.8013 


.5983 


1/4 


37° 


.7986 


.6018 


53° 


1/4 


.7960 


.6053 


% 


Va 


.7934 


.6088 


1/2 


% 


.7907 


.6122 


1/4 


38° 


.7880 


.6157 


52° 


1/4 


.7853 


.6191 


% 


1/2 


.7826 


.6225 


1/2 


% 


.7799 


.6259 


1/4 


39» 


.7771 


.6293 


51° 


1/4 


.7744 


.6327 


% 


1/2 


.7716 


.6361 


1/2 


% 


.7688 


.6394 


Vi 


DEGREES 


SINE 

DEPARTURE 

EAST 

WEST 


COSINE 

LATITUDE 

NORTH 

SOUTH 


DEGREES 



40l> 





11 1 


L A^B S 






COSINE 


SINE 






LATITUDE 


DEPARTURE 




DEGREES 


NORTH 


EAST 


DEGREES 




SOUTH 


WEST 




40° 


.7660 


. .6428 


50° 


1/4 


.7632 


.6461 


% 


1/2 


.7604 


.6494 


1/2 


% 


.7576 


.6528 


y4 


41° 


.7547 


.6561 


49° 


y4 


.7518 


.6593 


% 


1/2 


.7490, 


.6626 


y2 


% 


.7461 


.6659 


y4 


42° 


.7431 


.6691 


48° 


1/4 


.7402 


.6724 


% 


1/2 


.7373 


.6756 


y2 


% 


.7343 


- .6788 


y4 


43° 


.7314 


.6820 


47° 


1/4 . 


.7284 


.6852 


% 


1/2 


.7254 


.6884 


y2 


% 


.7224 


.6915 


y4 


44° 


.7193 


.6947 


46° 


y4 


.7163 


.6978 


% 


1/2 


.7133 


.7009 


V2 


% 


.7102 


.7040 


V^ 


45° 


.7071 


.7071 


45° 




SINE 


COSINE 






DEPARTURE 


LATITUDE 




DEGREES 


EAST 


NORTH . 


DEGREES 




WEST 


SOUTH 





403 



INDEX 

A 

Page 

Act of May 18, 1796 54 

Sections Numbered Under • • 59, 60, 61 

Allotments in Donation Tract 262 

Areas of Land, How Calculated . ■ • 367 

Armstrong and McCollock Survey 79, 227, 228 

Autokee Survey ■ 79, 233, 234 

Aushcush and Ketuckkee Survey 79, 234, 235 

B 

Base Lines . . • • • • 72 

Between the Miami Rivers 77, 158 

Entire Ranges 161 

Fractional Ranges 160, 161 

Map of 159 

Ranges Numbered 158, 160, 161 

Black Loon Crescent Survey 77, 218, 220 

Boundaries and Corners 17, 18 

Buckingham Survey 125 



c 



Canada, How Sections Numbered 62, 63, 64 

Canal Lands 321 

Calculation of Areas of Land 367 

Forms for 384, 385 

Charley Survey 77, 218, 220 

Charter of 1584 102 

1606 15, 103, 104, 140 

1609 16, 73,104,105 

1620 146 

1662 73, 147, 148 

Checkerboard Plan 26 

405 



INDEX 

Page 

Cheno Survey 79, 233. 234 

Cherokee Boy Survey 77, 216, 217 

Civil and Original Surveyed Townships Distinguished 48, 49 

Congress Lands, Why So Called 80 

Connecticut, Claim of 149 

Connecticut Land Company 153 

Connecticut Western Reserve 145 

Acres in 155 

How Subdivided 156 

Map of 154 

South Line of 74 

Survey of 75, 76 

Why So Called 155 

West Line of 75, 76 

Contents, Table of 11 

Correction Lines 28, 126 

Crazy Quilt Plan 18 

D 

Describing Land, Method of 83, 84 

Fundamental Principles of 85 

Dochoquet or Stoddard Survey 77, 222, 223 

Dohrman Tract 299 

Donation Tract .259 

How Subdivided 262 

Location of 260 

Map of 248 

Duplication of Sections 126, 127 

E 

Entire Ranges, Between the Miami Rivers 161 

Errors in Townships and Sections 31, 32 

Allowable in Surveys 374, 375 

F 

Fire Lands 152, 293 

Claims of 295 

Map of 294 

Where Located 296 

First Principal Meridian Survey 77, 79 

40G 



INDEX 

Page 

French Grants 176 

Map of 177 

Forsythe Survey 79, 234, 235 

Fort Laurens 74 

Fulton Line 173 

G 

Gallipolis, Settlement of 180 

General Grand Subdivisions 32 

Geographer's Line 67, 75 

Gnadenhutten Tract, Map of 208 

Godfrey Survey 77, 218, 221 

Gore 75 

Grants, Miscellaneous 329 

Greenville Treaty Line 94 

Map of 98 

Guide Meridians 28 

Guoin Survey , 79, 234, 235 

H 

Harris Line 173, 175 

Hundreds 53 

Hutchins, Col. Thomas 51, 53, 67, 71, 179 

Hunt Survey 79,234, 235 

I 

Indian Boundary Line 94 

Indiscriminate Location Plan 13, 17, 72 

Confusion of 19 

Maps of 24, 25 

Surveys Under 19, 20, 22 

Interlocks 21 

Islands in Great Miami River 163 

J 

Jones, Paul, Grants to 332 

K 

Ketuckkee and Aushcush Survey 79, 234, 235 

Kosciusko, Thaddeus, Grants to vS34 

407 



I X I) E X 
L 

Labadie Survey 77, 218, 219 

La Fayette, Grants to 331 

Lamarre Survey 79, 234, 236 

Langham Survey 123, 124, 125 

Land Offices in Ohio 82 

Land Ordinance of 1785 52, 70 

Sections Numbered Under 58, 59 

Lands, How to Describe 84 

Land Warrants by United States 132 

By Virginia 109, 111 

Location of Land by Virginia 110 

Logan Survey 77, 221, 222 

London Company 15, 103 

Ludlow Line 112, 115, 116, 162 

Ludlow's Survey 278 

Ludlow's, Lsrael, Line 261 

Survey 126, 249 



M 

Matthews Survey 125 

Maumee Road Lands 316 

Map of 318 

McColIock and Armstrong Survey 79, 227, 228 

McNabb Survey 79,232, 233 

McPherson, Henry H., Survey 79, 224, 225 

McPherson, James, Survey 79, 223, 224 

Meridians, Principal 27 

In United States 33 

In Ohio 72 

Map of 40 

Names of 

Black Hills 41 

Boise 44 

Chickasaw 39 

Choctaw 39 

Cimarron 40 

Ellicott's Line 33 

Fifth 37 

First 34 

Fourth 36 

Gila and Salt River 43 

408 



INDEX 

Page 

Grand River or Ute 42 

Great Miami River 34 

Humboldt 45 

Huntsville .-. . . 38 

Indian 40 

Louisiana 40 

Michigan 34 

Montana 43 

Mount Diablo 44 

Navajo 41 

New Mexico ' 41 

Salt Lake 43 

Saint Helena 39 

Saint Stephens 38 

San Bernardino 44 

Second 35 

Seventh Range Line 34 

Sixth 37 

Tallahassee 38 

Third 36 

Uintah 42 

Washington 33, 39 

Williamette 45 

Wind River 42 

Metes and Bounds 17 

Miami River Survey 77, 164 

Map of 165 

Michigan-Ohio Line, Establishment of 175 

Michigan Survey 79, 167 

Maps of 168, 169, 172 

Ministerial Lands 358 

For Ohio University Lands 271 

Map of 363 

Title of 364, 365 

Where Located 361, 362 

Minor Survey '..- 79, 231, 232 

Mitchell's Map 168, 170 

Moravian Tracts 205 



N 

Navarre Survey 79, 233, 234 

409 



INDEX 



Page 

Ohio Company 176, 178, 237, 267 

Acres Bought by 250 

First Meeting of 242 

First Purchase 248 

How Shares Designated 254 

Lands, How Subdivided 251, 252. 253, 254 

Last Meeting of 256 

Maps of 244, . 249 

Not Incorporated 255 

Second Purchase 250 

Third Purchase 261 

Title of 255 

Ohio Land Company 237 

Ohio River Survey 77, 118 

Map of 119 

Range 13 124, 306, 307 

Range 18 120, 122, 123. 162 

Ranges 21, 22 123, 124, 125 

Sections Numbered in 121 

Why So Called 128 

Ohio University Lands 265 

Map of 266 

Ordinance of 1785 51 

Importance of 52 

Where Sections Numbered Under 58, 59 

Why Sections Numbered Under 59 

Original Surveyed Township, W'hy So Called 30, 49, 50 

And Civil Township Distinguished 48, 49 

How Numbered ' 30, 31 

How Numbered in Ohio 72, 73 

How Subdivided 55, 56, 60 

Unit of Subdivision 32, 52 

P 

Petau Survey 79, 233. 234 

Plymouth Company 15. 103 

Principal Meridian 27 

Putnam. Gen. Rufus 51. 53 

R 

Range 13 124, 306, 307 

410 



INDEX 

Page 

Range 18 120, 122, 123, 162 

Ranges 21, 22 123, 124, 125 

Ranjard Survey 79, 233, 234 

Rectangular Plan 18, 26 

First Application of 50, 65, 69 

References 7 

Refugee Tract 284 

Refugees, List of 288 

Richardville Survey 77, 218, 219 

Roberts Line 114, 115, 116 

Ruling Base 27, 30 

Rules and Tables 390 

s 

Salem Tract 210 

Salt Reservations 303 

Secondary Base 27 

Sections Under Ordinance of 1785 56, 57, 58, 59 

Duplicated 126, 127 

How Numbered in Canada 62, 63, 64 

When First Used 54, 55 

Seven Ranges 65, 70 

Map of 66, 119 

Purpose of 70, 71 

Schoenbrun Tract 206 

School Lands 340 

Acres of 350, 354 

For Connecticut Western Reserve 344, 345, 346 

For Donation Tract 263 

For Fractional Townships 348 

General Classes of 342, 344 

Maps of 342, 346 

In Moravian Tracts 214 

In Ohio Company's Second Purchase 351 

For Ohio University Lands 271 

For Original Surveyed Townships 344, 348 

For Refugee Tract 292 

Scrip in Lieu of 350 

In Twelve Miles Square Reserve 198 

In Two Miles Square Reserve 204 

For United States Military Tract 344, 346, 347 

For Virginia Military Tract 343, 344, 345, 346 

411 



INDEX 

P<age 

Scioto Company 178, 245. 247 

Shane Surveys 77, 218, 220 

Spicer Survey 79, 227, 229 

Standard Parallels 28 

Steuben, Baron de. Grants to 334 

Stewart Survey 79, 224, 225 

Stoddard or Dochoquet Survey 77, 222, 223 

Subdivisions of Land in Ohio 69, 76, 77, 78, 79 

Surveys, Miscellaneous 216 

Swamp Lands 325 

Symmes Purchase 272 

Southern Plan 17 

T 

Texas, Subdivision of Land in 46 

Thebeault Survey 79, 232, 233 

Title to Land South of 41st Parallel 134 

Traverse Table 396 

Townships, Why So Called 47, 48 

When First Used 54 

Why Five Miles Square 137 

Fractional, How Numbered 121, 122 

Fractional, How Subdivided 57, 61 

Townships and Ranges, Why So Numbered 46, 47 

Exception 47 

Twelve Miles Square Reserve 194 

Two Miles Square Reserve 201 

Turnpike Lands 312 

u 

United States Military Tract 129 

Acres in 137 

How Subdivided 130, 137, 138, 143 

Upper Sandusky Survey 77, 217 

V 

Vanmeter Survey 79, 226, 227 

Virginia, Claim of 115, 116 

Virginia Plan 17 

Virginia Military Tract 102 

Acres in 117 

Map of 107 

Virginia Military Survey 72, 77 

412 



INDEX 

w 

Page 

Walker Survey 79, 226, 227 

Washington, General, Grants to 329 

Wausaonoquet Survey 79, 234, 235 

Waysayon Survey 79, 233, 234 

WMtacre Survey 79, 229, 230 

Wilkesville Township 126, 127 

Williams Survey 79, 230, 231 

Worthington Survey 123, 124, 125 

z 

Zane, Ebenezer, Tracts 184 

Zane, Isaac, Grants to 336 

Zoar 335 



413 



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